10 U.S.C. § 18232 — Definitions

Page 3790 TITLE 10—ARMED FORCES § 18231 Subsec. (f)(2). Pub. L. 106–398, § 1 [[div. A], title V, § 533(d)(2)], added par. (2) and struck out former par. (2) which read as follows: ‘‘The Secretary of the Navy may waive the obligated service under paragraph (1) of a person who is not physically qualified for appointment under section 532 of this title and later is determined by the Secretary of the Navy under section 505 of this title to be unqualified for service as an enlisted mem- ber of the Marine Corps due to a physical or medical condition that was not the result of misconduct or grossly negligent conduct.’’ Statutory Notes and Related Subsidiaries SAVINGS PROVISION For savings provision relating to payment or repay- ment of any bonus, incentive pay, special pay, or simi- lar pay obligated to be paid before Apr. 1, 2006, under a provision of this section amended by section 687(c) of Pub. L. 109–163, see section 687(f) of Pub. L. 109–163, set out as a note under section 510 of this title. TRANSITION PROVISION Pub. L. 106–65, div. A, title V, § 551(d), Oct. 5, 1999, 113 Stat. 614, provided that: ‘‘(1) An enlisted member of the Marine Corps Reserve selected for training as an officer candidate under sec- tion 12209 of title 10, United States Code, before imple- mentation of a financial assistance program under sec- tion 16401 of such title (as added by subsection (a)) may, upon application, participate in the financial assist- ance program established under section 16401 of such title (as added by subsection (a)) if the member— ‘‘(A) is eligible for financial assistance under such section 16401; ‘‘(B) submits a request for the financial assistance to the Secretary of the Navy not later than 180 days after the date on which the Secretary establishes the financial assistance program; and ‘‘(C) enters into a written agreement described in subsection (b)(3) of such section. ‘‘(2) Section 205(f) of title 37, United States Code, as added by subsection (c), applies to a member referred to in paragraph (1).’’ PART V—SERVICE, SUPPLY, AND PROCUREMENT Chap. Sec. 1801. Issue of Serviceable Material to Re- serve Components. [No present sec- tions] 1803. Facilities for Reserve Components ........ 18231 1805. Miscellaneous Provisions ...................... 18501 CHAPTER 1801—ISSUE OF SERVICEABLE MATERIAL TO RESERVE COMPONENTS [No present sections] CHAPTER 1803—FACILITIES FOR RESERVE COMPONENTS Sec. 18231. Purpose. 18232. Definitions. 18233. Acquisition. 18233a. Notice and wait requirements for certain projects. 18233b. Authority to carry out small projects with operation and maintenance funds. 18234. Location and use. 18235. Administration; other use permitted by Sec- retary. 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. Sec. 18239. Waiver of certain restrictions. 18240. Acquisition of facilities by exchange. Editorial Notes AMENDMENTS 2004—Pub. L. 108–375, div. B, title XXVIII, §§ 2808(c), 2809(a)(2), Oct. 28, 2004, 118 Stat. 2125, 2127, substituted ‘‘Notice and wait requirements for certain projects’’ for ‘‘Limitation on certain projects; authority to carry out small projects with operation and maintenance funds’’ in item 18233a and added items 18233b and 18240. 1994—Pub. L. 103–337, div. A, title XVI, § 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, § 3(b)(2), (c)(2), July 12, 1982, 96 Stat. 169, 170, substituted ‘‘Limitation on certain projects; authority to carry out small projects with op- eration and maintenance funds’’ for ‘‘Limitation’’ in item 2233a, and added item 2239. 1958—Pub. L. 85–861, § 1(42), Sept. 2, 1958, 72 Stat. 1457, inserted ‘‘: compliance with State law’’ in item 2237. Pub. L. 85–685, title VI, § 601(4), Aug. 20, 1958, 72 Stat. 665, added item 2233a. § 18231. Purpose The purpose of this chapter is to provide for— (1) the acquisition, by purchase, lease, trans- fer, construction, expansion, rehabilitation, or conversion of facilities necessary for the prop- er development, training, operation, and main- tenance 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 great- est practicable extent for efficiency and econ- omy; 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 120, § 2231; Pub. L. 85–215, § 1, Aug. 29, 1957, 71 Stat. 489; renum- bered § 18231, Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), Oct. 5, 1994, 108 Stat. 3010.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2231 ......... 50:881. Sept. 11, 1950, ch. 945, § 2, 64 Stat. 829. In clause (1), the words ‘‘units of’’ are omitted as sur- plusage. In clause (4), the words ‘‘United States’’ are sub- stituted for the words ‘‘Federal Government’’. Editorial Notes 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. § 18232. Definitions In this chapter: Page 3791 TITLE 10—ARMED FORCES § 18233 (1) The term ‘‘State’’ means any of the States of the United States, the District of Co- lumbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States and includes political subdivi- sions and military units thereof and tax-sup- ported agencies therein. (2) The term ‘‘facility’’ includes any (A) in- terest in land, (B) armory, readiness center, or other structure, and (C) storage or other facil- ity normally needed for the administration and training of any unit of the reserve compo- nents of the armed forces. (3) The terms ‘‘armory’’ and ‘‘readiness cen- ter’’ 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2232; Pub. L. 85–861, § 1(36), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 97–214, § 3(d)(1), July 12, 1982, 96 Stat. 170; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; re- numbered § 18232, Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2807(a), (b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–415.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2232 ......... 50:886. Sept. 11, 1950, ch. 945, § 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 ap- plicable, 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, § 1(g), (h), 69 Stat. 594. The last sentence of 50:886(b) is omitted as surplus- age. Editorial Notes AMENDMENTS 2000—Par. (2)(B). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2807(b)(1)], substituted ‘‘armory, readiness center, or other structure’’ for ‘‘armory or other struc- ture’’. Par. (3). Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2807(a)], substituted ‘‘The terms ‘armory’ and ‘readi- ness 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 de- fining ‘‘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-sup- ported 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). Statutory Notes and Related Subsidiaries 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 hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. § 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, reha- bilitate, 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, reha- bilitate, or convert facilities owned by it (or to acquire, construct, expand, rehabilitate, or convert additional facilities) made necessary by the conversion, redesignation, or reorga- nization of units of the Army National Guard of the United States or the Air National Guard of the United States authorized by the Sec- retary of the military department concerned; (4) contribute to any State such amounts for the acquisition, construction, expansion, reha- bilitation, or conversion by it of additional fa- cilities 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, rehabili- tation, and conversion by such State of such additional facilities as the Secretary deter- mines 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 Sec- retary 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 trans- ferred to any State incident to the expansion, rehabilitation, or conversion of such property under subsection (a)(2) so long as the transfer of