10 U.S.C. § 18233 — Acquisition
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 540 words · no verdicts yet
The Secretary of Defense can buy, build, or fund facilities for reserve training. The Secretary can also fund States for shared facilities or ones needed by growth. Property the U.S. buys directly belongs to the U.S., though it can later transfer to a State.
(a) Subject to sections 18233a, 18234, 18235, 18236, and 18238 and to subsection (c), the Secretary of Defense may: (1) acquire by purchase, lease, or transfer, and construct, expand, rehabilitate, convert, and equip facilities authorized by law for this chapter's purposes; (2) give a State* money the Secretary decides is needed to expand, rehabilitate, or convert facilities it or the United States owns for joint use by units of two or more reserve components, or to acquire or build facilities for that joint use; (3) give a State money needed to expand, rehabilitate, or convert its facilities (or acquire, construct, expand, rehabilitate, or convert additional ones) because of a conversion, redesignation, or reorganization of Army National Guard* or Air National Guard* units that the relevant military department Secretary authorized; (4) give a State money for acquiring, constructing, expanding, rehabilitating, or converting additional facilities the Secretary decides are required by an increase in Army* National Guard* or Air National Guard strength; (5) give a State money for additional facilities the Secretary decides are required because existing facilities fail to meet this chapter's purposes; and (6) give a State money to construct, alter, or rehabilitate critical parts of facilities the Secretary decides are needed to meet a change in Department of Defense construction criteria or standards tied to the unit's federal military mission.
(b) Title to property the United States acquires under subsection (a)(1) vests in the United States. That property may be transferred to a State as part of expanding, rehabilitating, or converting it under subsection (a)(2), as long as the transfer doesn't create a State-owned enclave inside a federal installation.
(c) The Secretary of Defense may delegate any authority or function under this chapter to any Department of Defense department, agency, or officer*.
(d) Expenses of leasing property under subsection (a)(1) may be paid from appropriations available for paying rent.
(e) The Secretary of Defense may procure, or give a State money to procure, architectural and engineering services and construction design connected to facilities under this chapter that aren't otherwise authorized by law.
(f) (1) Authority to construct, expand, rehabilitate, convert, or equip a facility* under this section includes authority to spend funds on surveys, administration, overhead, planning, design, and supervision for that activity. (2) Authority to acquire real property under this section includes authority to conduct surveys and to acquire interests in land, including temporary interests, by purchase or gift.
Subject to sections 18233a, 18234, 18235, 18236, and 18238 of this title and to subsection (c), the Secretary of Defense may—
acquire by purchase, lease, or transfer, and construct, expand, rehabilitate, or convert and equip, such facilities as are authorized by law to carry out the purposes of this chapter;
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;
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;
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;
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
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*.
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.
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.
The expenses of leasing property under subsection (a)(1) may be paid from appropriations available for the payment of rent.
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.
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.
Authority to acquire real property under this section includes authority to make surveys and to acquire interests in land (including temporary interests) by purchase or gift.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2233; Pub. L. 85–685, title VI, § 601(1), (2), Aug. 20, 1958, 72 Stat. 664; Pub. L. 85–861, § 1(37)–(39), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 96–125, title VII, § 703, Nov. 26, 1979, 93 Stat. 947; Pub. L. 97–99, title VIII, §§ 803, 804, Dec. 23, 1981, 95 Stat. 1380, 1381; Pub. L. 97–214, §§ 3(a), (d)(2), (e)(1), 10(a)(2), July 12, 1982, 96 Stat. 169, 170, 175; Pub. L. 98–407, title VII, § 703(a), Aug. 28, 1984, 98 Stat. 1517; Pub. L. 98–525, title XIV, § 1405(34), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 99–167, title VII, § 702(a), Dec. 3, 1985, 99 Stat. 985; Pub. L. 102–190, div. B, title XXVIII, § 2801, Dec. 5, 1991, 105 Stat. 1537; renumbered § 18233 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (4), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 106–65, div. B, title XXVIII, § 2805, Oct. 5, 1999, 113 Stat. 850; Pub. L. 108–375, div. B, title XXVIII, § 2809(b), Oct. 28, 2004, 118 Stat. 2127; Pub. L. 109–364, div. A, title X, § 1071(a)(42), Oct. 17, 2006, 120 Stat. 2400; Pub. L. 111–84, div. B, title XXVIII, § 2805, Oct. 28, 2009, 123 Stat. 2662.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1958Amended · Pub. L. 85-685 · 72 Stat. 664
- 1958Amended · Pub. L. 85-861 · 72 Stat. 1456
- 1979Amended · Pub. L. 96-125 · 93 Stat. 947
- 1981Amended · Pub. L. 97-99 · 95 Stat. 1380, 1381
- 1982Amended · Pub. L. 97-214 · 96 Stat. 169, 170, 175
- 1984Amended · Pub. L. 98-407 · 98 Stat. 1517
- 1984Amended · Pub. L. 98-525 · 98 Stat. 2624
- 1985Amended · Pub. L. 99-167 · 99 Stat. 985
- 1991Amended · Pub. L. 102-190 · 105 Stat. 1537
- 1994Amended · Pub. L. 103-337 · 108 Stat. 3010
- 1999Amended · Pub. L. 106-65 · 113 Stat. 850
- 2004Amended · Pub. L. 108-375 · 118 Stat. 2127
- 2006Amended · Pub. L. 109-364 · 120 Stat. 2400
- 2009Amended · Pub. L. 111-84 · 123 Stat. 2662
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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