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10 U.S.C. § 18236 — Contributions to States; other use permitted by States

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 18236 — Contributions to States; other use permitted by States

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Stable record: federal_law:legal_authorities:record_usc_3e26b414e76eb1ba78e7a3b2
Source file: Laws/federal/codes/united-states-code/title-10/section-18236-contributions-to-states-other-use-permitted-by-states--0a911b86c7.md
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Source location: Title 10, Chapter 1803, § 18236; chapter-1803-facilities-for-reserve-components.md

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**(a)** Contributions under [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233/e&num=0&edition=prelim)); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2801 — Scope of chapter; definitions

**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)). **(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). **(c)** In this chapter and chapter 173 of this title: (1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term “facility” means a building, structure, or other improvement to real property. (3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure. (4) The term “mil

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 are authorized by law 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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 18236 — Contributions to States; other use per-

Page 3796 TITLE 10—ARMED FORCES § 18236 § 18236. Contributions to States; other use per- mitted by States (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 Com- mittee on Armed Services of the House of Rep- resentatives, considers necessary for the pur- poses 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 compo- nents 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 ad- vance 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, engi- neering and design services) calculated so that upon completion of construction the total con- tribution (including the contribution for ar- chitectural, engineering and design services) equals 75 percent of the total cost of construc- tion (including the cost of architectural, engi- neering and design services). For the purpose of computing the cost of con- struction 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, re- habilitates, or converts a facility with amounts contributed under section 1823

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