10 U.S.C. § 2662
10 U.S.C. § 2662
| HISTORICAL AND REVISION NOTE | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2662(a)2662(b)2662(c) | 40:551.40:552.40:553. | Sept. 28, 1951, ch. 434, §§601-604, 65 Stat. 365, 366. |
| 2662(d) | 40:554. | |
EDITORIAL NOTES
REFERENCES IN TEXTThe National Emergencies Act, referred to in subsec. (f)(1)(B), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (f)(1)(C), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
AMENDMENTS2017-Subsec. (a)(2). Pub. L. 115-91, §2812(1), inserted ",as well as the certification described in paragraph (5)" after "leases to be made".Subsec. (a)(3). Pub. L. 115-91, §2811(a), amended par. (3) generally. Prior to amendment, par. (3) required wait periods following submittal of reports before transactions could be authorized.Subsec. (a)(5). Pub. L. 115-91, §2812(2), added par. (5).Subsec. (f)(1)(D). Pub. L. 115-91, §1081(a) (45), substituted "section 254" for "section 334". 2013-Subsec. (a)(1)(H). Pub. L. 112-239 added subpar. (H).2011-Subsec. (a)(1). Pub. L. 111-383, §2811(f)(1)(A), substituted "the Secretary concerned submits" for "the Secretary submits" in introductory provisions.Subsec. (a)(1)(C). Pub. L. 112-81, §2812(1), substituted "lease, license, or easement" for "lease or license". Pub. L. 111-383, §2811(a), inserted "(other than a lease or license entered into under section 2667(g) of this title)" after "United States". Subsec. (a)(3). Pub. L. 111-383, §2811(f)(1)(B), substituted "the Secretary concerned" for "the Secretary of a military department or the Secretary of Defense" in introductory provisions.Subsec. (b). Pub. L. 111-383, §2811(b), (e), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "The Secretary of each military department and, with respect to Defense Agencies, the Secretary of Defense shall submit annually to the congressional committees named in subsection (a) a report on transactions described in subsection (a) that involve an estimated value of more than $250,000, but not more than $750,000."Subsec. (b)(1), (2)(A), (3)(C), (D). Pub. L. 112-81, §2812(2), substituted "lease, license, or easement" for "lease or license".Subsec. (c). Pub. L. 111-383, §2811(c), substituted "Excepted Projects" for "Geographic Scope; Excepted Projects" in heading and "This section does not" for "This section applies only to real property in the United States, Puerto Rico, Guam, the American Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. It does not" in text.Subsecs. (e), (f). Pub. L. 111-383, §2811(d), (f)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e). Prior to amendment, text read as follows: "No element of the Department of Defense shall occupy any general purpose space leased for it by the General Services Administration at an annual rental in excess of $750,000 (excluding the cost of utilities and other operation and maintenance services), if the effect of such occupancy is to increase the total amount of such leased space occupied by all elements of the Department of Defense, until the end of the 30-day period beginning on the date on which a report of the facts concerning the proposed occupancy is submitted to the congressional committees named in subsection (a) or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title." Subsec. (f)(1). Pub. L. 111-383, §2811(f)(3)(A), struck out ",and the reporting requirement set forth in subsection (e) shall not apply with respect to a real property transaction otherwise covered by that subsection," before "if the Secretary" in introductory provisions. Subsec. (f)(3). Pub. L. 111-383, §2811(f)(3)(B), struck out "or (e), as the case may be" after "under subsection (a)". Subsec. (f)(4). Pub. L. 111-383, §2811(f)(3)(C), struck out par. (4), which read as follows: "In this subsection, the term 'Secretary concerned' includes, with respect to Defense Agencies, the Secretary of Defense."Subsec. (g). Pub. L. 111-383, §2811(f)(4), added subsec. (g). Former subsec. (g) redesignated (f). 2008-Subsec. (a)(1). Pub. L. 110-181, §2821(a)(1)(A), substituted "or, with respect to a Defense Agency, the Secretary of Defense" for ",or his designee," in introductory provisions.Subsec. (a)(1)(G). Pub. L. 110-181, §2821(b), added subpar. (G).Subsec. (a)(3). Pub. L. 110-181, §2821(a)(1)(B), inserted "or the Secretary of Defense" after "military department" in introductory provisions.Subsec. (b). Pub. L. 110-181, §2821(a)(2), inserted "and, with respect to Defense Agencies, the Secretary of Defense" after "military department". Subsec. (c). Pub. L. 110-417 substituted "water resource development projects of the Corps of Engineers" for "river and harbor projects or flood control projects".Subsec. (g)(4). Pub. L. 110-181, §2821(a)(3), added par. (4).2004-Subsec. (a)(2). Pub. L. 108-375 substituted "shall include a summary" for "must include a summarization" and inserted "of paragraph (1)" after "in subparagraph (E)".2003-Subsec. (a). Pub. L. 108-136, §1031(a) (27)(A)(i)-(v), inserted "(1)" after subsec. heading, substituted "the Secretary submits a report, subject to paragraph (3)," for "after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted", redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), substituted "$750,000" for "$500,000" in subpars. (A) to (E), designated concluding provisions as par. (2), and substituted "subparagraph (A) or (B) of paragraph (1)" for "clause (1) or (2)" and "subparagraph (E)" for "clause (5)".Subsec. (a)(3), (4). Pub. L. 108-136, §1031(a) (27)(A)(vi), added pars. (3) and (4).Subsec. (b). Pub. L. 108-136, §1031(a) (27)(B), substituted "more than $250,000, but not more than $750,000" for "more than the simplified acquisition threshold specified in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)), but not more than $500,000".Subsec. (e). Pub. L. 108-136, §1031(a) (27)(C), substituted "$750,000" for "$500,000" and "the end of the 30-day period beginning on the date on which a report of the facts concerning the proposed occupancy is submitted to the congressional committees named in subsection (a) or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title" for "the expiration of thirty days from the date upon which a report of the facts concerning the proposed occupancy is submitted to the congressional committees named in subsection (a)". 2000-Subsec. (a). Pub. L. 106-398, §1[div. B, title XXVIII, §2811(a)], substituted "$500,000" for "$200,000" wherever appearing.Subsec. (b). Pub. L. 106-398 substituted "specified in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))," for "under section 2304(g) of this title" and "$500,000" for "$200,000".Subsec. (e). Pub. L. 106-398, §1[div. B, title XXVIII, §2811(a)], substituted "$500,000" for "$200,000". 1999-Subsec. (a). Pub. L. 106-65 substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions.1998-Subsecs. (a) to (f). Pub. L. 105-261, §2811(b), inserted subsec. headings. Subsec. (g). Pub. L. 105-261, §2811(a), added subsec. (g).1996-Subsec. (a). Pub. L. 104-106, §1502(a) (23)(A), substituted "the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives" for "the Committees on Armed Services of the Senate and House of Representatives" in introductory provisions and struck out "to be submitted to the Committees on Armed Services of the Senate and House of Representatives" after "The report required by this subsection" in concluding provisions.Subsec. (b). Pub. L. 104-106, §4321(b) (21), substituted "simplified acquisition threshold" for "small purchase threshold". Pub. L. 104-106, §1502(a) (23)(B), substituted "shall submit annually to the congressional committees named in subsection (a) a report" for "shall report annually to the Committees on Armed Services of the Senate and the House of Representatives". Subsec. (e). Pub. L. 104-106, §1502(a) (23)(C), substituted "the congressional committees named in subsection (a)" for "the Committees on Armed Services of the Senate and the House of Representatives". Subsec. (f). Pub. L. 104-106, §1502(a) (23)(D), substituted "the congressional committees named in subsection (a) shall" for "the Committees on Armed Services of the Senate and the House of Representatives shall". 1992- Pub. L. 102-496, §403(a)(2)(A), substituted "reports to congressional committees" for "Reports to the Armed Services Committees" in section catchline.Subsec. (f). Pub. L. 102-496, §403(a)(1), added subsec. (f). 1990-Subsec. (b). Pub. L. 101-510 substituted "the small purchase threshold under section 2304(g) of this title" for "$5,000". 1988-Subsecs. (a), (b), (e). Pub. L. 100-456 substituted "$200,000" for "$100,000" wherever appearing. 1980-Subsecs. (a), (b), (e). Pub. L. 96-418 substituted "$100,000" for "$50,000" wherever appearing. 1976-Subsec. (a). Pub. L. 94-431 provided that the report on the excess property owned by the United States contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such excess property for property suitable for military purposes and has determined such excess property not suitable for exchange. 1975-Subsec. (b). Pub. L. 94-107, §607(5), substituted requirement of annual reports for requirement of quarterly reports.Subsec. (c). Pub. L. 94-107, §607(6), inserted provisions extending the applicability of the section to Guam, the American Samoa, and the Trust Territory of the Pacific Islands, and, in provisions relating to the inapplicability of the section, inserted reference to any real property acquisition specifically authorized in a Military Construction Authorization Act.1974-Subsec. (a)(6). Pub. L. 93-552 added par. (6).1972-Subsec. (e). Pub. L. 92-545 added subsec. (e).1971-Subsec. (a)(3). Pub. L. 92-145 made the restriction applicable to a license of real property and substituted "estimated annual fair market rental value" for "estimated annual rental".1960-Subsec. (a). Pub. L. 86-500 prohibited the Secretary of a military department, or his designee, from entering into any of the transactions listed in subsec. (a) until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives, and increased the amounts in pars. (1) to (5) from $25,000 to $50,000.Subsec. (b). Pub. L. 86-500 substituted "$50,000" for "$25,000".Subsec. (c). Pub. L. 86-624 and Pub. L. 86-500 struck out reference to Hawaii. Subsec. (d). Pub. L. 86-500 reenacted subsection without change.1959-Subsec. (c). Pub. L. 86-70 struck out reference to Alaska.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENTFor effective date and applicability of amendment by section 4321(b)(21) of Pub. L. 104-106, see section 4401 of Pub. L. 104-106, set out as a note under section 2220 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section 2702 of Pub. L. 100-456, set out as a note under section 2391 of this title.
REDUCTION OR REALIGNMENT OF TRAINING BASES Pub. L. 95-485, title VI, §602, Oct. 20, 1978, 92 Stat. 1617, prohibited any action to implement any substantial reduction or force structure realignment of the composite of installations, posts, camps, stations, and bases that had as a primary or secondary mission the conduct of formal entry level, advanced individual, or specialty training as a part of the fiscal year 1979 Defense manpower program unless certain criteria were complied with.
CLOSING OF FACILITIES; CLOSURES OR REALIGNMENTS PUBLICLY ANNOUNCED AFTER SEPTEMBER 30, 1977Pub. L. 95-82, title VI, §612(c), Aug. 1, 1977, 91 Stat. 380, provided that: "Section 611 of the Military Construction Authorization Act, 1966 (Public Law 89-188; 10 U.S.C. 2662 note), and section 612 of the Military Construction Authorization Act, 1977 (Public Law 94-431; 90 Stat. 1366) [which was not classified to the Code], shall be inapplicable in the case of any closure of a military installation, and any realignment with respect to a military installation, which is first publicly announced after September 30, 1977."
CLOSING OF FACILITIES; REPORTS TO CONGRESS Pub. L. 89-188, title VI, §611, Sept. 16, 1965, 79 Stat. 818, as amended by Pub. L. 89-568, title VI, §613, Sept. 12, 1966, 80 Stat. 757, required a report to Congress and a waiting period in connection with the closing of Defense Department facilities, prior to repeal by Pub. L. 97-214, §7(7), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 1982.
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDSFor termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
- includes
- "includes" means "includes but is not limited to"; and
- Defense Agency
- The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- contingency operation
- The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- possessions
- The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.