10 U.S.C. § 18234 — Location and use

Page 3795 TITLE 10—ARMED FORCES § 18235 (Added Pub. L. 108–375, div. B, title XXVIII, § 2808(b), Oct. 28, 2004, 118 Stat. 2125; amended Pub. L. 112–81, div. B, title XXVIII, § 2802(c)(4), Dec. 31, 2011, 125 Stat. 1685.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 substituted ‘‘not more than the amount specified in section 2805(c) of this title.’’ for ‘‘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.’’ § 18234. Location and use No expenditures or contribution may be made for a facility under section 18233 of this title, un- less the Secretary of Defense determines that— (1) the number of units of the reserve compo- nents of the armed forces located or to be lo- cated 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 ex- pected to be maintained at authorized strength, considering the number of persons living in the area who are qualified for mem- bership 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2234; re- numbered § 18234 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (6), Oct. 5, 1994, 108 Stat. 3010.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2234 ......... 50:883(a). Sept. 11, 1950, ch. 945, § 4(a), 64 Stat. 830. The word ‘‘community’’ is omitted as covered by the word ‘‘area’’. The word ‘‘program’’ is omitted as cov- ered by the word ‘‘plan’’. The words ‘‘use * * * jointly by units of two or more of those components’’ are sub- stituted 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 ‘‘tak- ing into account’’. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 renumbered section 2234 of this title as this section and substituted ‘‘18233’’ for ‘‘2233’’ in introductory provisions. Statutory Notes and Related Subsidiaries 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. § 18235. Administration; other use permitted by Secretary (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 re- serve 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 122, § 2235; re- numbered § 18235 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (7), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2235(a) ..... 50:883(c) (less 1st sen- tence, and less last 70 words of last sentence). Sept. 11, 1950, ch. 945, § 4(c) (less 1st sen- tence), 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 sub- stituted 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’’. Editorial Notes AMENDMENTS 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’ in introductory provi- sions. 1996—Subsec. (a). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate and the House of Representatives’’. 1994—Pub. L. 103–337, § 1664(b)(2), renumbered section 2235 of this title as this section. Subsec. (a)(1). Pub. L. 103–337, § 1664(b)(7), substituted ‘‘18233’’ for ‘‘2233(a)(1)’’. Statutory Notes and Related Subsidiaries 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.