§ 18233. Acquisition

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2233 · 70A Stat. 121

   Enacted · 10 U.S.C. § 18233

   Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2233

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 121, § 2233

2. 1958

   Reserve Forces Facilities Act of 1958

   Pub. L. 85–685 § 601(1) · 72 Stat. 636

   1. Inserted · 10 U.S.C. § 18233(a)

      Pub. L. 85–685, § 601(1), inserted reference to section 2233a of this title in opening provisions

   2. Struck · 10 U.S.C. § 18233(a)

      Pub. L. 85–685, § 601(1), struck out provisions which required the Secretary of Defense to consult with the Committees on Armed Services of the Senate and House of Representatives

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 85–685, § 601(1), inserted reference to section 2233a of this title in opening provisions, and struck out provisions which required the Secretary of Defense to consult with the Committees on Armed Services of the Senate and House of Representatives.

   Enacted provision · exact public law section
   (1) That part of section 2233 (a) that precedes clause (1) thereof is amended to read as follows: “§2233. Acquisition “(a) Subject to sections 2233a, 2234, 2235, 2236, and 2238 of this title and subsection (c) of this section, the Secretary of Defense may—”.

3. 1958

   Reserve Forces Facilities Act of 1958

   Pub. L. 85–685 § 601(2) · 72 Stat. 636

   Added · 10 U.S.C. § 18233(e); 10 U.S.C. § 18233(f)

   Pub. L. 85–685, § 601(2), added subsecs. (e) and (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 85–685, § 601(2), added subsecs. (e) and (f).

   Enacted provision · exact public law section
   (2) Section 2233 is amended by adding the following new subsections at the end thereof: “(e) The Secretary of Defense may procure advance planning, construction design, and architectural services in connection with facilities to be established or developed under this chapter which are not otherwise authorized by law. “(f) Facilities authorized by subsection (a) shall not be considered ‘military public works’ under the provisions of the military construction authorization acts that repeal prior authorizations for military public works.”

4. 1958

   Pub. L. 85–861 § 1(37) · 72 Stat. 1437

   1. Substituted · 10 U.S.C. § 18233(a)

      Pub. L. 85–861, § 1(37), substituted “two or more reserve components” for “two or more of the reserve components” in cl. (2)

   2. Added · 10 U.S.C. § 18233(a)

      Pub. L. 85–861, § 1(37), added cl. (3)

   3. Redesignated · 10 U.S.C. § 18233(a)

      Pub. L. 85–861, § 1(37), redesignated former cl. (3) as (4)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 85–861, § 1(37), substituted “two or more reserve components” for “two or more of the reserve components” in cl. (2), added cl. (3), and redesignated former cl. (3) as (4).

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

5. 1958

   Pub. L. 85–861 § 1(38) · 72 Stat. 1437

   Inserted · 10 U.S.C. § 18233(b)

   Pub. L. 85–861, § 1(38), inserted “by the United States” after “property acquired”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–861, § 1(38), inserted “by the United States” after “property acquired”.

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

6. 1958

   Pub. L. 85–861 § 1(39) · 72 Stat. 1437

   Added · 10 U.S.C. § 18233(d)

   Pub. L. 85–861, § 1(39), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 85–861, § 1(39), added subsec. (d).

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

7. 1979

   Military Construction Authorization Act, 1980

   Pub. L. 96–125 title VII § 703 · 93 Stat. 928

   Added · 10 U.S.C. § 18233(a)(5)

   Pub. L. 96–125 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 96–125 added par. (5).

   Enacted provision · exact public law section
   Sec. 703. contributions for guard and reserve forces facilities Section 2233 of title 10, United States Code, is amended— (1) by striking out “and” after clause (3); (2) by striking out the period at the end of clause (4) and inserting in lieu thereof: “; and”; and (3) by adding at the end thereof the following new clause: “(5) contribute to any State or Territory, Puerto Rico, or the District of Columbia, such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by the failure of existing facilities to meet the purposes of this chapter. A contribution made for an armory may not be more than 75 percent of the cost of construction of which it is applied.”.

8. 1981

   Military Construction Authorization Act, 1982

   Pub. L. 97–99 § 803(1) · 95 Stat. 1359

   Inserted · 10 U.S.C. § 18233(a)(2)

   Pub. L. 97–99, § 803(1), inserted “or by the United States” after “or convert facilities owned by it”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 97–99, § 803(1), inserted “or by the United States” after “or convert facilities owned by it”.

   Enacted provision · exact public law section
   (1) by inserting “or by the United States” after “or convert facilities owned by it” in subsection (a)(2); and

9. 1981

   Military Construction Authorization Act, 1982

   Pub. L. 97–99 § 804 · 95 Stat. 1359

   Added · 10 U.S.C. § 18233(a)(6)

   Pub. L. 97–99, § 804, added par. (6)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 97–99, § 804, added par. (6).

   Enacted provision · exact public law section
   Sec. 804. federal contributions for construction to upgrade weapons storage facilities Section 2233(a) of title 10, United States Code, is amended— (1) by striking out “and” after clause (4); (2) by striking out the period at the end of clause (5) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new clause: “(6) contribute to any State or Territory, Puerto Rico, or the District of Columbia such amounts for the construction, alteration, or rehabilitation of arms storage rooms as the Secretary determines to be required to meet a change in Department of Defense standards related to the safekeeping of arms.”.

10. 1981

    Military Construction Authorization Act, 1982

    Pub. L. 97–99 § 803(2) · 95 Stat. 1359

    Inserted · 10 U.S.C. § 18233(b)

    Pub. L. 97–99, § 803(2), inserted provisions that such property may be transferred to any State or Territory, Puerto Rico, or the District of Columbia incident to the expansion, rehabilitation, or conversion of such property under subsec. (a)(2) so long as the transfer of such property does not result in the creation of an enclave owned by a State or Territory, Puerto Rico, or the District of Columbia within a Federal installation

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–99, § 803(2), inserted provisions that such property may be transferred to any State or Territory, Puerto Rico, or the District of Columbia incident to the expansion, rehabilitation, or conversion of such property under subsec. (a)(2) so long as the transfer of such property does not result in the creation of an enclave owned by a State or Territory, Puerto Rico, or the District of Columbia within a Federal installation.

    Enacted provision · exact public law section
    (2) by adding at the end of subsection (b) the following new sentence: “Such property may be transferred to any State or Territory, Puerto Rico, or the District of Columbia incident to the expansion, rehabilitation, or conversion of such property under subsection (a)(2) so long as the transfer of such property does not result in the creation of an enclave owned by a State or Territory, Puerto Rico, or the District of Columbia within a Federal installation.”.

11. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 3(d)(2) · 96 Stat. 153

    Struck · 10 U.S.C. § 18233(a)(2)(4)

    Pub. L. 97–214, § 3(d)(2), struck out “or Territory, Puerto Rico, or the District of Columbia” after “contribute to any State”

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (4). Pub. L. 97–214, § 3(d)(2), struck out “or Territory, Puerto Rico, or the District of Columbia” after “contribute to any State”.

    Enacted provision · exact public law section
    (2) Sections 2233(a)(2), 2233(a)(3), 2233(a)(4), 2233(a)(6), 2236(c), 10 USC 2233, 2236, 2237. 2236(d), and 2237(b) of such title are amended by striking out “or Territory, Puerto Rico, or the District of Columbia”.

12. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 3(e)(1) · 96 Stat. 153

    Substituted · 10 U.S.C. § 18233(a)(5)

    Pub. L. 97–214, § 3(e)(1), substituted “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” for “contribute to any State or Territory, Puerto Rico, or the District of Columbia, such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by the failure of existing facilities to meet the purposes of this chapter” and “A contribution made for an armory may not be more than 75 percent of the cost of construction of which it is applied”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 97–214, § 3(e)(1), substituted “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” for “contribute to any State or Territory, Puerto Rico, or the District of Columbia, such amounts for the acquisition, construction, expansion, rehabilitation, or conversion by the failure of existing facilities to meet the purposes of this chapter” and “A contribution made for an armory may not be more than 75 percent of the cost of construction of which it is applied”.

    Enacted provision · exact public law section
    (1) Clause (5) of section 2233(a) of such title is amended to read as follows: “(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”.

13. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 3(d)(2) · 96 Stat. 153

    Struck · 10 U.S.C. § 18233(a)(6)

    Pub. L. 97–214, § 3(d)(2), struck out “or Territory, Puerto Rico, or the District of Columbia” after “contribute to any State”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 97–214, § 3(d)(2), struck out “or Territory, Puerto Rico, or the District of Columbia” after “contribute to any State”.

    Enacted provision · exact public law section
    (2) Sections 2233(a)(2), 2233(a)(3), 2233(a)(4), 2233(a)(6), 2236(c), 10 USC 2233, 2236, 2237. 2236(d), and 2237(b) of such title are amended by striking out “or Territory, Puerto Rico, or the District of Columbia”.

14. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 10(a)(2) · 96 Stat. 153

    Substituted · 10 U.S.C. § 18233(e)

    Pub. L. 97–214, § 10(a)(2), substituted “architectural and engineering services and construction design” for “advance planning, construction design, and architectural services”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 97–214, § 10(a)(2), substituted “architectural and engineering services and construction design” for “advance planning, construction design, and architectural services”.

    Enacted provision · exact public law section
    (2) Section 2233(e) of such title is amended by striking out 10 USC 2233. “advance planning, construction design, and architectural services” and inserting in lieu thereof “architectural and engineering services and construction design”.

15. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 3(a) · 96 Stat. 153

    Repealed · 10 U.S.C. § 18233(f)

    Pub. L. 97–214, § 3(a), expanded subsec. (f) into pars. (1) and (2), and substituted provision that legal authority to construct, expand, rehabilitate, etc., any facility under this section, also includes the authority to expend funds for surveys, administration, overhead, planning, and supervision incident to any such activity and provisions that authority to acquire real property under this section includes authority to make surveys and to acquire interests in land (including temporary interests) by purchase, gift, exchange of Government-owned land, or otherwise, for provisions that facilities authorized by subsec. (a) could not be considered “military public works” under the military construction authorization acts that repeal prior authorizations for military public works

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 97–214, § 3(a), expanded subsec. (f) into pars. (1) and (2), and substituted provision that legal authority to construct, expand, rehabilitate, etc., any facility under this section, also includes the authority to expend funds for surveys, administration, overhead, planning, and supervision incident to any such activity and provisions that authority to acquire real property under this section includes authority to make surveys and to acquire interests in land (including temporary interests) by purchase, gift, exchange of Government-owned land, or otherwise, for provisions that facilities authorized by subsec. (a) could not be considered “military public works” under the military construction authorization acts that repeal prior authorizations for military public works.

    Enacted provision · exact public law section
    (a) Subsection (f) of section 2233 of title 10, United States Code, is amended to read as follows: “(f) (1) Authority provided by law to construct, expand, rehabilitate, convert, or equip any facility under this section includes authority to expend funds for surveys, administration, overhead, planning, and supervision incident to any such activity. “(2) Authority to acquire real property under this section includes Real property, acquisition. authority to make surveys and to acquire interests in land (including temporary interests) by purchase, gift, exchange of Government-owned land, or otherwise.”.

16. 1984

    Military Construction Authorization Act, 1985

    Pub. L. 98–407 title VII § 703(a) · 98 Stat. 1495

    1. Substituted · 10 U.S.C. § 18233(a)(6)

       Pub. L. 98–407 substituted “critical portions of facilities” for “arms storage rooms”

    2. Substituted · 10 U.S.C. § 18233(a)(6)

       Pub. L. 98–407 substituted “construction criteria or standards related to the execution of the Federal military mission assigned to the unit using the facility” for “standards related to the safekeeping of arms”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 98–407 substituted “critical portions of facilities” for “arms storage rooms” and “construction criteria or standards related to the execution of the Federal military mission assigned to the unit using the facility” for “standards related to the safekeeping of arms”.

    Enacted provision · exact public law section
    (a) Section 2233(a)(6) of title 10, United States Code, is amended— (1) by striking out “arms storage rooms” and inserting in lieu thereof “critical portions of facilities”; and (2) by striking out “standards related to the safekeeping of arms” and inserting in lieu thereof “construction criteria or standards related to the execution of the Federal military mission assigned to the unit using the facility”.

17. 1984

    Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 1405(34)(A) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 18233(a)

    Pub. L. 98–525, § 1405(34)(A), substituted “to subsection (c)” for “subsection (c) of this section”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–525, § 1405(34)(A), substituted “to subsection (c)” for “subsection (c) of this section”.

    Enacted provision · exact public law section
    (A) by striking out “subsection (c) of this section” in subsection (a) and inserting in lieu thereof “to subsection (c)”; and

18. 1984

    Department of Defense Authorization Act, 1985

    Pub. L. 98–525 § 1405(34)(B) · 98 Stat. 2492

    Struck · 10 U.S.C. § 18233(b)

    Pub. L. 98–525, § 1405(34)(B), struck out “or Territory, Puerto Rico, or the District of Columbia” after “State” in two places. See section 18232(1) of this title

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–525, § 1405(34)(B), struck out “or Territory, Puerto Rico, or the District of Columbia” after “State” in two places. See section 18232(1) of this title.

    Enacted provision · exact public law section
    (B) by striking out “or Territory, Puerto Rico, or the District of Columbia” both places it appears in the second sentence of subsection (b).

19. 1985

    Military Construction Authorization Act, 1986

    Pub. L. 99–167 title VII § 702(a) · 99 Stat. 961

    1. Amended · 10 U.S.C. § 18233(e)

       Pub. L. 99–167 amended subsec. (e) generally

    2. Inserted · 10 U.S.C. § 18233(e)

       Pub. L. 99–167 inserting “, or contribute to any State such amounts as the Secretary determines to be necessary to procure,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–167 amended subsec. (e) generally, inserting “, or contribute to any State such amounts as the Secretary determines to be necessary to procure,”.

    Enacted provision · exact public law section
    (a) Contributions to States.— Subsection (e) of section 2233 of title 10, United States Code, is amended to read as follows: “(e) The Secretary of Defense may procure, or contribute to any State such amounts as the Secretary determines to be necessary to procure, architectural and engineering services and construction design in connection with facilities to be established or developed under this chapter which are not otherwise authorized by law.”.

20. 1991

    Military Construction Authorization Act for Fiscal Year 1992

    Pub. L. 102–190 div. B title XXVIII § 2801 · 105 Stat. 1290

    Inserted · 10 U.S.C. § 18233(a)(2)

    Pub. L. 102–190 inserted before semicolon “or to acquire or construct facilities for such use”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–190 inserted before semicolon “or to acquire or construct facilities for such use”.

    Enacted provision · exact public law section
    SEC. 2801. CONSTRUCTION OF RESERVE COMPONENT FACILITIES. Section 2233(a)(2) of title 10, United States Code, is amended by inserting before the semicolon the following: “or to acquire or construct facilities for such use”.

21. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1664(b)(2) · 108 Stat. 2663

    Changed · 10 U.S.C. § 18233

    Pub. L. 103–337, § 1664(b)(2), renumbered section 2233 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1664(b)(2), renumbered section 2233 of this title as this section.

    Enacted provision · exact public law section
    (2) The sections of that chapter are redesignated as follows: Section Redesignated section  2231 18231  2232 18232  2233 18233  2233a 18233a  2234 18234  2235 18235  2236 18236  2237 18237  2238 18238  2239 18239

    Effective date note
    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.

22. 1994

    Reserve Officer Personnel Management Act

    Pub. L. 103–337 § 1664(b)(4) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 18233(a)

    Pub. L. 103–337, § 1664(b)(4), substituted “18233a, 18234, 18235, 18236, and 18238” for “2233a, 2234, 2235, 2236, and 2238”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–337, § 1664(b)(4), substituted “18233a, 18234, 18235, 18236, and 18238” for “2233a, 2234, 2235, 2236, and 2238”.

    Enacted provision · exact public law section
    (4) Section 18233 (as redesignated by paragraph (2)) is amended by striking out “sections 2233a, 2234, 2235, 2236, and 2238” in subsection (a) and inserting in lieu thereof “sections 18233a, 18234, 18235,18236, and 18238”.

    Effective date note
    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.

23. 1999

    Pub. L. 106–65 div. B title XXVIII § 2805 · 113 Stat. 512

    Inserted · 10 U.S.C. § 18233(f)(1)

    Pub. L. 106–65 inserted “design,” after “planning,”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 106–65 inserted “design,” after “planning,”.

    Enacted provision · exact public law section
    SEC. 2805. PLANNING AND DESIGN FOR MILITARY CONSTRUCTION PROJECTS FOR RESERVE COMPONENTS. Section 18233(f)(1) of title 10, United States Code, is amended by inserting “design,” after “planning,”.

24. 2004

    Military Construction Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. B title XXVIII § 2809(b) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 18233(f)(2)

    Pub. L. 108–375 substituted “or gift” for “gift, exchange of Government-owned land, or otherwise”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 108–375 substituted “or gift” for “gift, exchange of Government-owned land, or otherwise”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 18233(f)(2) of such title is amended by striking “gift, exchange of Government-owned land, or otherwise” and inserting “or gift”.

25. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title X § 1071(a)(42) · 120 Stat. 2083

    Struck · 10 U.S.C. § 18233(f)(2)

    Pub. L. 109–364 struck out comma after “purchase”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 109–364 struck out comma after “purchase”.

    Enacted provision · exact public law section
    (42) Section 18233(f)(2) is amended by striking the comma after “purchase”.

26. 2009

    Military Construction Authorization Act for Fiscal Year 2010

    Pub. L. 111–84 div. B title XXVIII § 2805 · 123 Stat. 2190

    Substituted · 10 U.S.C. § 18233(a)(1)

    Pub. L. 111–84 substituted “as are authorized by law” for “as he determines to be necessary”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–84 substituted “as are authorized by law” for “as he determines to be necessary”.

    Enacted provision · exact public law section
    SEC. 2805. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF RESERVE COMPONENT FACILITIES BE AUTHORIZED BY LAW.   Section 18233(a)(1) of title 10, United States Code, is amended by striking “as he determines to be necessary” and inserting “as are authorized by law”.

30 of 31 references resolved to an enrolled provision · 1 partial