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10 U.S.C. § 18240 — Acquisition of facilities by exchange
Federal law — U.S. Code and appendices · legal_authorities
**(a) Exchange Authority.—** In addition to the acquisition authority provided by [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim), the Secretary of Defense may authorize the Secretary of a military department to acquire a facility, or addition to an existing facility, needed to satisfy military requirements for a reserve component by carrying out an exchange of an existing facility under the control of that Secretary through an agreement with an Executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)), the United States Postal Service, or a State, local government, local authority, or private entity. The acquisition of a facility or an addition to an existing facility under this section may include the acquisition of utilities, equipment, and furnishings for the facility.
**(b) Facilities Eligible for Exchange.—** Only a facility of a reserve component that is not excess property (as defined in [section 102(3) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102/3&num=0&edition=prelim)) may be exchanged using the authority provided by this section.
**(c) Equal Value Exchange.—** In any exchange carried out using the authority provided by this section, the value of the replacement facility, or addition to an existing facility, including any utilities, equipment, and furnishings, to be acquired by the United States shall be at least equal to the fair market value of the facility conveyed by the United States under the agreement. If the values are unequal, the values may not be equalized by any payment of cash consideration by either party to the
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Source file: Laws/federal/codes/united-states-code/title-10/section-18240-acquisition-of-facilities-by-exchange--9722c8de63.md
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Source location: Title 10, Chapter 1803, § 18240; chapter-1803-facilities-for-reserve-components.md
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**(a) Exchange Authority.—** In addition to the acquisition authority provided by [section 18233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section18233&num=0&edition=prelim), the Secretary of Defense may authorize the Secretary of a military department to acquire a facility, or addition to an existing facility, needed to satisfy military requirements for a reserve component by carrying out an exchange of an existing facility under the control of that Secretary through an agreement with an Executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)), the United States Postal Service, or a State, local government, local authority, or private entity. The acquisition of a facility or an addition to an existing facility under this section may include the acquisition of utilities, equipment, and furnishings for the facility.
**(b) Facilities Eligible for Exchange.—** Only a facility of a reserve component that is not excess property (as defined in [section 102(3) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102/3&num=0&edition=prelim)) may be exchanged using the authority provided by this section.
**(c) Equal Value Exchange.—** In any exchange carried out using the authority provided by this section, the value of the replacement facility, or addition to an existing facility, including any utilities, equipment, and furnishings, to be acquired by the United States shall be at least equal to the fair market value of the facility conveyed by the United States under the agreement. If the values are unequal, the values may not be equalized by any payment of cash consideration by either party to the agreement.
**(d) Requirements for Replacement Facilities.—** The Secretary of a military department may not accept a replacement facility, or addition to an existing facility, to be acquired by the United States in an exchange carried out using the authority provided by this section until that Secretary determines that the facility or addition—
(1) is complete and usable, fully functional, and ready for occupancy;
(2) satisfies all operational requirements; and
(3) meets all applicable Federal, State, and local requirements relating to health, safety, fire, and the environment.
**(e) Consultation Requirements.—** The Secretary of a military department authorized to enter into an agreement under subsection (a) to convey an existing facility under the control of that Secretary by exchange shall consult with representatives of other reserve components to evaluate—
(1) the value of using the facility to meet the military requirements of another reserve component, instead of conveying the facility under this section; and
(2) the feasibility of using the conveyance of the facility to acquire a facility, or an addition to an existing facility, that would be jointly used by more than one reserve component or unit.
**(f) Advance Notice of Proposed Exchange.—**
(1) When a decision is made to enter into an agreement under subsection (a) to exchange a facility using the authority provided by this section, the Secretary of the military department authorized to enter into the agreement shall submit to the congressional defense committees a report on the proposed agreement. The report shall include the following:
(A) A description of the agreement, including the terms and conditions of the agreement, the parties to be involved in the agreement, the origin of the proposal that lead to the agreement, the intended use of the facility to be conveyed by the United States under the agreement, and any costs to be incurred by the United States to make the exchange under the agreement.
(B) A description of the facility to be conveyed by the United States under the agreement, including the current condition and fair market value of the facility, and a description of the method by which the fair market value of the facility was determined.
(C) Information on the facility, or addition to an existing facility, to be acquired by the United States under the agreement and the intended use of the facility or addition, which shall meet requirements for information provided to Congress for military construction projects to obtain a similar facility or addition to an existing facility.
(D) A certification that the Secretary complied with the consultation requirements under subsection (e).
(E) A certification that the conveyance of the facility under the agreement is in the best interests of the United States and that the Secretary used competitive procedures to the maximum extent practicable to protect the interests of the United States.
(2) The agreement described in a report prepared under paragraph (1) may be entered into, and the exchange covered by the agreement made, only after the end of the 21-day period beginning on the date the report is received by the congressional defense committees in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim).
(3) [Section 2662 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2662&num=0&edition=prelim) shall not apply to an exchange carried out using the authority provided by this section.
**(g) Relation to Other Military Construction Requirements.—** The acquisition of a facility, or an addition to an existing facility, using the authority provided by this section shall not be treated as a military construction project for which an authorization is required by [section 2802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2802&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) as are authorized by law.
**(b)** Authority provided by law to carry out a military construction project includes authority for—
(1) surveys and site preparation;
(2) acquisition, conversion, rehabilitation, and installation of facilities;
(3) acquisition and installation of equipment and appurtenances integral to the project;
(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project;
(5) planning, supervision, administration, and overhead incident to the project; and
(6) personnel and personal services contracts required to carry out paragraphs (1) through (5).
**(c)** In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for the fiscal year in which a contract is proposed to be awarded for the project.
**(d)** Repealed. Pub. L. 114–328, div. B, title XXVIII, § 2811(b), Dec. 23, 2016, 130 Stat. 2716.]
**(e)**
(1) If a construction project, land acquisition, or defense access road project described in paragraph (2) wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2802
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Notice and Wait Requirements.—**
(1) The Secretary of a military department or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary concerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives:
(A) An acquisition of fee title to any real property, if the estimated price is more than $750,000.
(B) A lease of any real property to the United States, if the estimated annual rental is more than $750,000.
(C) A lease, license, or easement of real property owned by the United States (other than a lease or license entered into under [section 2667(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667/g&num=0&edition=prelim)), if the estimated annual fair market rental value of the property is more than $750,000.
(D) A transfer of real property owned by the United States to another Federal agency or another military department or to a State, if the estimated value is more than $750,000.
(E) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750,000.
(F) Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.
(G) Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of re
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2662
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
**(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form.
**(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 480
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 18233
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Federal law — U.S. Code and appendices · legal_authorities
Page 3799
TITLE 10—ARMED FORCES
§ 18240
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 mili-
tary construction projects, and to construction and ac-
quisition 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.
§ 18240. Acquisition of facilities by exchange
(a) EXCHANGE AUTHORITY.—In addition to the
acquisition authority provided by section 18233
of this title, the Secretary of Defense may au-
thorize the Secretary of a military department
to acquire a facility, or addition to an existing
facility, needed to satisfy military requirements
for a reserve component by carrying out an ex-
change of an existing facility under the control
of that Secretary through an agreement with an
Executive agency (as defined in section 105 of
title 5), the United States Postal Service, or a
State, local government, local authority, or pri-
vate entity. The acquisition of a facility or an
addition to an existing facility under this sec-
tion may include the acquisition of utilities,
equipment, and furnishings for the facility.
(b) FACILITIES ELIGIBLE FOR EXCHANGE.—Only
a facility of a reserve component that is not ex-
cess property (as defined in section 102(3) of title
40) may be exchanged using the authority pro-
vided by this section.
(c) EQUAL VALUE EXCHANGE.—In any exchange
carried out using the authority provided by this
section, the value of the replacement facility, or
addition to an existing facility, including any
utilities, equipment, and furnishings, to be ac-
quired by the United States shall be at least
equal to the fair market value of the facility
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 18240
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