10 U.S.C. § 18240 — Acquisition of facilities by exchange

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 conveyed by the United States under the agree- ment. If the values are unequal, the values may not be equalized by any payment of cash consid- eration by either party to the agreement. (d) REQUIREMENTS FOR REPLACEMENT FACILI- TIES.—The Secretary of a military department may not accept a replacement facility, or addi- tion 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 facil- ity 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 Sec- retary 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 com- ponent, 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 addi- tion to an existing facility, that would be jointly used by more than one reserve compo- nent 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 sec- tion, 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, includ- ing the terms and conditions of the agree- ment, the parties to be involved in the agree- ment, 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 con- veyed by the United States under the agree- ment, 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 in- tended use of the facility or addition, which shall meet requirements for information pro- vided to Congress for military construction projects to obtain a similar facility or addi- tion to an existing facility. (D) A certification that the Secretary com- plied 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 in- terests of the United States. (2) The agreement described in a report pre- pared under paragraph (1) may be entered into, and the exchange covered by the agreement made, only after the end of the 21-day period be- ginning on the date the report is received by the congressional defense committees in an elec- tronic medium pursuant to section 480 of this title. (3) Section 2662 of this title shall not apply to an exchange carried out using the authority pro- vided by this section. (g) RELATION TO OTHER MILITARY CONSTRUC- TION REQUIREMENTS.—The acquisition of a facil- ity, 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. (Added Pub. L. 108–375, div. B, title XXVIII, § 2809(a)(1), Oct. 28, 2004, 118 Stat. 2125; amended Pub. L. 109–163, div. B, title XXVIII, § 2808(a), Jan. 6, 2006, 119 Stat. 3508; Pub. L. 110–181, div. B, title XXVIII, § 2807, Jan. 28, 2008, 122 Stat. 541; Pub. L. 115–91, div. B, title XXVIII, § 2801(g), Dec. 12, 2017, 131 Stat. 1845.) Page 3800 TITLE 10—ARMED FORCES § 18501 Editorial Notes AMENDMENTS 2017—Subsec. (f)(2). Pub. L. 115–91 substituted ‘‘21-day period’’ for ‘‘30-day period’’ and struck out ‘‘or, if ear- lier, the end of the 21-day period beginning on the date on which a copy of the report is provided’’ after ‘‘de- fense committees’’. 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘with an Executive agency (as defined in section 105 of title 5), the United States Postal Service, or a State’’ for ‘‘with a State’’. 2006—Subsec. (a). Pub. L. 109–163, § 2808(a)(1), inserted at end ‘‘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.’’ Subsec. (c). Pub. L. 109–163, § 2808(a)(2), inserted ‘‘in- cluding any utilities, equipment, and furnishings, to be’’ after ‘‘existing facility,’’. Statutory Notes and Related Subsidiaries TEMPORARY AUTHORITY TO INCLUDE CASH EQUALIZATION PAYMENTS IN EXCHANGE Pub. L. 108–375, div. B, title XXVIII, § 2809(c), Oct. 28, 2004, 118 Stat. 2127, as amended by Pub. L. 109–163, div. B, title XXVIII, § 2808(b), Jan. 6, 2006, 119 Stat. 3508; Pub. L. 110–181, div. B, title XXVIII, § 2805, Jan. 28, 2008, 122 Stat. 540, provided that: ‘‘(1) Notwithstanding subsection (c) of section 18240 of title 10, United States Code, as added by subsection (a), the Secretary of Defense may authorize the Secretary of a military department, as part of an exchange agree- ment under such section, to make or accept a cash equalization payment if the value of the facility, or ad- dition to an existing facility, including any utilities, equipment, and furnishings, to be acquired by the United States under the agreement is not equal to the fair market value of the facility to be conveyed by the United States under the agreement. All other require- ments of such section shall continue to apply to the ex- change. ‘‘(2) Cash equalization payments received by the Sec- retary of a military department under this subsection shall be deposited in a separate account in the Treas- ury. Amounts in the account shall be available to the Secretary of Defense, without further appropriation and until expended, for transfer to the Secretary of a military department— ‘‘(A) to make any cash equalization payments re- quired to be made by the United States in connection with an exchange agreement covered by this sub- section, and the account shall be the only source for such payments; and ‘‘(B) to cover costs associated with the mainte- nance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of facilities, and additions to existing facilities, ac- quired using an exchange agreement covered by this subsection. ‘‘(3) Not more than 15 exchange agreements under section 18240 of title 10, United States Code, may in- clude the exception for cash equalization payments au- thorized by this subsection. Of those 15 exchange agree- ments, not more than eight may be for the same re- serve component. ‘‘(4) In this section, the term ‘facility’ has the mean- ing given that term in section 18232(2) of title 10, United States Code. ‘‘(5) No cash equalization payment may be made or accepted under the authority of this subsection after September 30, 2010. Except as otherwise specifically au- thorized by law, the authority provided by this sub- section to make or accept cash equalization payments in connection with the acquisition or disposal of facili- ties of the reserve components is the sole authority available in law to the Secretary of Defense or the Sec- retary of a military department for that purpose. ‘‘(6) Not later than March 1, 2008, the Secretary of De- fense shall submit to the congressional defense com- mittees [Committees on Armed Services and Appro- priations of the Senate and the House of Representa- tives] a report on the exercise of the authority provided by this subsection. The report shall include the fol- lowing: ‘‘(A) A description of the exchange agreements under section 18240 of title 10, United States Code, that included the authority to make or accept cash equalization payments. ‘‘(B) A description of the analysis and criteria used to select such agreements for inclusion of the author- ity to make or accept cash equalization payments. ‘‘(C) An assessment of the utility to the Depart- ment of Defense of the authority, including rec- ommendations for modifications of such authority in order to enhance the utility of such authority for the Department. ‘‘(D) An assessment of interest in the future use of the authority, in the event the authority is extended. ‘‘(E) An assessment of the advisability of making the authority, including any modifications of the au- thority recommended under subparagraph (C), perma- nent.’’ CHAPTER 1805—MISCELLANEOUS PROVISIONS Sec. 18501. Reserve components: personnel and logistic support by military departments. 18502. Reserve components: supplies, services, and facilities. 18505. Reserves traveling for inactive-duty training: space-required travel on military aircraft. [18506. Repealed.] Editorial Notes AMENDMENTS 2006—Pub. L. 109–163, div. A, title V, § 589(b)(1), Jan. 6, 2006, 119 Stat. 3279, struck out item 18506 ‘‘Recruitment and retention: availability of funds for recognition items for Army Reserve personnel’’. 2004—Pub. L. 108–375, div. A, title V, § 520(a)(2), Oct. 28, 2004, 118 Stat. 1886, added item 18506. 2001—Pub. L. 107–107, div. A, title V, § 518(b), Dec. 28, 2001, 115 Stat. 1096, struck out ‘‘annual training duty or’’ before ‘‘inactive-duty training:’’ in item 18505. 2000—Pub. L. 106–398, § 1 [[div. A], title III, § 384(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87, substituted ‘‘Re- serves traveling for annual training duty or inactive- duty training: space-required travel on military air- craft’’ for ‘‘Reserves traveling to inactive-duty training OCONUS: authority for space-required travel’’ in item 18505. 1999—Pub. L. 106–65, div. A, title V, § 517(a)(2), Oct. 5, 1999, 113 Stat. 595, added item 18505. § 18501. Reserve components: personnel and lo- gistic support by military departments The Secretary concerned is responsible for providing the personnel, equipment, facilities, and other general logistic support necessary to enable units and Reserves in the Ready Reserve of the reserve components under his jurisdiction to satisfy the training requirements and mobili- zation readiness requirements for those units and Reserves as recommended by the Secretary concerned and by the Chairman of the Joint Chiefs of Staff and approved by the Secretary of Defense, and as recommended by the Com- mandant of the Coast Guard and approved by the Secretary of Homeland Security when the Coast Guard is not operated as a service of the Navy.