10 U.S.C. § 2662 | Real property transactions: reports to congressional committees

(a)

General Notice and Wait Requirements .—

(1)

The Secretary of a military department or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary concerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives:

(A)

An acquisition of fee title to any real property, if the estimated price is more than $750,000.

(B)

A lease of any real property to the United States, if the estimated annual rental is more than $750,000.

(C)

section 2667(g) of this title A lease, license, or easement of real property owned by the United States (other than a lease or license entered into under ), if the estimated annual fair market rental value of the property is more than $750,000.

(D)

A transfer of real property owned by the United States to another Federal agency or another military department or to a State, if the estimated value is more than $750,000.

(E)

A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750,000.

(F)

Any termination or modification by either the grantor or grantee of an existing license or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.

(G)

Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated annual rental or cost for the use of the real property is more than $750,000.

(H)

section 2922a(a)(2) of this title Any transaction or contract action for the provision and operation of energy production facilities on real property under the jurisdiction of the Secretary of a military department, as authorized by , if the term of the transaction or contract exceeds 20 years.

(2)

If a transaction covered by subparagraph (A) or (B) of paragraph (1) is part of a project, the report shall include a summary of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made, as well as the certification described in paragraph (5). The report required by this subsection concerning any report of excess real property described in subparagraph (E) of paragraph (1) shall contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such property for other real property authorized to be acquired for military purposes and has determined that the property proposed to be declared excess is not suitable for such purpose.

(3)

section 480 of this title The authority of the Secretary concerned to enter into a transaction described in paragraph (1) commences only after the end of the 14-day period beginning on the first day of the first month beginning on or after the date on which the report containing the facts concerning such transaction, and all other such proposed transactions for that month, is provided in an electronic medium pursuant to .

(4)

The report for a month under this subsection may not be submitted later than the first day of that month.

(5)

For purposes of paragraph (2), the certification described in this paragraph with respect to an acquisition or lease of real property is a certification that the Secretary concerned—

(A)

evaluated the feasibility of using space in property under the jurisdiction of the Department of Defense to satisfy the purposes of the acquisition or lease; and

(B)

determined that—

(i)

space in property under the jurisdiction of the Department of Defense is not reasonably available to be used to satisfy the purposes of the acquisition or lease;

(ii)

acquiring the property or entering into the lease would be more cost-effective than the use of the Department of Defense property; or

(iii)

the use of the Department of Defense property would interfere with the ongoing military mission of the property.

(b)

Additional Reporting Requirements Regarding Leases of Real Property Owned by the United States .—

(1)

In the case of a proposed lease, license, or easement of real property owned by the United States covered by paragraph (1)(C) of subsection (a), the Secretary concerned shall comply with the notice-and-wait requirements of paragraph (3) of such subsection before—

(A)

issuing a contract solicitation or other lease offering with regard to the transaction; and

(B)

providing public notice regarding any meeting to discuss a proposed contract solicitation with regard to the transaction.

(2)

The report under paragraph (3) of subsection (a) shall include the following with regard to a proposed transaction covered by paragraph (1)(C) of such subsection:

(A)

A description of the proposed transaction, including the proposed duration of the lease, license, or easement.

(B)

A description of the authorities to be used in entering into the transaction.

(C)

A statement of the scored cost of the entire transaction, determined using the scoring criteria of the Office of Management and Budget.

(D)

section 2667(a)(3) of this title A determination that the property involved in the transaction is not excess property, as required by , including the basis for the determination.

(E)

A determination that the proposed transaction is directly compatible with the mission of the military installation or Defense Agency at which the property is located and a description of the anticipated long-term use of the property at the conclusion of the lease or license.

(F)

A description of the requirements or conditions within the contract solicitation or other lease offering for the person making the offer to address taxation issues, including payments-in-lieu-of taxes, and other development issues related to local municipalities.

(G)

section 2911 of this title If the proposed lease involves a project related to energy production, a certification by the Secretary of Defense that the project, as it will be specified in the contract solicitation or other lease offering, is consistent with the Department of Defense performance goals and plan required by .

(3)

The Secretary concerned may not enter into the actual lease or license with respect to property for which the information required by paragraph (2) was submitted in a report under subsection (a)(3) unless the Secretary again complies with the notice-and-wait requirements of such subsection. The subsequent report shall include the following with regard to the proposed transaction:

(A)

A cross reference to the prior report that contained the information submitted under paragraph (2) with respect to the transaction.

(B)

A description of the differences between the information submitted under paragraph (2) and the information regarding the transaction being submitted in the subsequent report.

(C)

A description of the payment to be required in connection with the lease, license, or easement, including a description of any in-kind consideration that will be accepted.

(D)

section 2667(d) of this title A description of any community support facility or provision of community support services under the lease, license, or easement, regardless of whether the facility will be operated by a covered entity (as defined in ) or the lessee or the services will be provided by a covered entity or the lessee.

(E)

section 2667(h)(2) of this title A description of the competitive procedures used to select the lessee or, in the case of a lease involving the public benefit exception authorized by , a description of the public benefit to be served by the lease.

(c)

Excepted Projects .—

This section does not apply to real property for water resource development projects of the Corps of Engineers, or to leases of Government-owned real property for agricultural or grazing purposes or to any real property acquisition specifically authorized in a Military Construction Authorization Act.

(d)

Statements of Compliance in Transaction Instruments .—

A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.

(e)

Reports on Transactions Involving Intelligence Components .—

Whenever a transaction covered by this section is made by or on behalf of an intelligence component of the Department of Defense or involves real property used by such a component, any report under this section with respect to the transaction that is submitted to the congressional committees named in subsection (a) shall be submitted concurrently to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(f)

Exceptions for Transactions for War and Certain Emergency and Other Operations .—

(1)

The reporting requirement set forth in subsection (a) shall not apply with respect to a real property transaction otherwise covered by that subsection if the Secretary concerned determines that the transaction is made as a result of any of the following:

(A)

A declaration of war.

(B)

50 U.S.C. 1601 A declaration of a national emergency by the President pursuant to the National Emergencies Act ( et seq.).

(C)

42 U.S.C. 5121 A declaration of an emergency or major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.).

(D)

section 254 of this title The use of the militia or the armed forces after a proclamation to disperse under .

(E)

A contingency operation.

(2)

The reporting requirement set forth in subsection (a) shall not apply with respect to a real property transaction otherwise covered by that subsection if the Secretary concerned determines that—

(A)

an event listed in paragraph (1) is imminent; and

(B)

the transaction is necessary for purposes of preparation for such event.

(3)

Not later than 30 days after entering into a real property transaction covered by paragraph (1) or (2), the Secretary concerned shall submit to the committees named in subsection (a) a report on the transaction. The report shall set forth any facts or information which would otherwise have been submitted in a report on the transaction under subsection (a), but for the operation of paragraph (1) or (2).

(g)

Secretary Concerned Defined .—

In this section, the term “Secretary concerned” includes, with respect to Defense Agencies, the Secretary of Defense.

Historical and Revision Notes
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.

Historical and Revision Notes

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.

In subsection (a), the words “must come to an agreement * * * before entering into any of the following transactions by or for the use of that department:” are substituted for the words “shall come into agreement * * * with respect to those real-estate actions by or for the use of the military departments * * * that are described in subsection (a)–(e) of this section, and in the manner therein described”. The last sentence is substituted for the last sentence of 40:551(a) and 40:551(b).

In subsection (a)(4), the words “or another military department” are substituted for the words “including transfers between the military departments”. The words “under the jurisdiction of the military departments” are omitted as surplusage.

In subsection (b), the words “more than $5,000 but not more than $25,000” are substituted for the words “between $5,000 and $25,000”. The words “shall report” are substituted for the words “will, in addition, furnish * * * reports”.

section 101(1) of this titleIn subsection (c), the words “the United States, Alaska, Hawaii” are substituted for the words “the continental United States, the Territory of Alaska, the Territory of Hawaii”, since, as defined in , “United States” includes the States and the District of Columbia; and “Territories” includes Alaska and Hawaii.

In subsection (d), the words “A statement * * * that the requirements of this section have been met” are substituted for the words “A recital of compliance with this chapter * * * to the effect that the requirements of this chapter have been complied with”. The words “in the alternative”, “or lease”, and “evidence thereof” are omitted as surplusage.

Editorial Notes

References in Text

Pub. L. 94–412Sept. 14, 197690 Stat. 1255 section 1601 of Title 50The National Emergencies Act, referred to in subsec. (f)(1)(B), is , , , 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 and Tables.

Pub. L. 93–288May 22, 197488 Stat. 143 section 5121 of Title 42The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (f)(1)(C), is , , , 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 and Tables.

Amendments

Pub. L. 115–91, § 2812(1)2017—Subsec. (a)(2). , inserted “, as well as the certification described in paragraph (5)” after “leases to be made”.

Pub. L. 115–91, § 2811(a)Subsec. (a)(3). , amended par. (3) generally. Prior to amendment, par. (3) required wait periods following submittal of reports before transactions could be authorized.

Pub. L. 115–91, § 2812(2)Subsec. (a)(5). , added par. (5).

Pub. L. 115–91, § 1081(a)(45)Subsec. (f)(1)(D). , substituted “section 254” for “section 334”.

Pub. L. 112–2392013—Subsec. (a)(1)(H). added subpar. (H).

Pub. L. 111–383, § 2811(f)(1)(A)2011—Subsec. (a)(1). , substituted “the Secretary concerned submits” for “the Secretary submits” in introductory provisions.

Pub. L. 112–81, § 2812(1)Subsec. (a)(1)(C). , substituted “lease, license, or easement” for “lease or license”.

Pub. L. 111–383, § 2811(a)section 2667(g) of this title, inserted “(other than a lease or license entered into under )” after “United States”.

Pub. L. 111–383, § 2811(f)(1)(B)Subsec. (a)(3). , substituted “the Secretary concerned” for “the Secretary of a military department or the Secretary of Defense” in introductory provisions.

Pub. L. 111–383, § 2811(b)Subsec. (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.”

Pub. L. 112–81, § 2812(2)Subsec. (b)(1), (2)(A), (3)(C), (D). , substituted “lease, license, or easement” for “lease or license”.

Pub. L. 111–383, § 2811(c)Subsec. (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.

Pub. L. 111–383, § 2811(d)section 480 of this titleSubsecs. (e), (f). , (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 .”

Pub. L. 111–383, § 2811(f)(3)(A)Subsec. (f)(1). , 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.

Pub. L. 111–383, § 2811(f)(3)(B)Subsec. (f)(3). , struck out “or (e), as the case may be” after “under subsection (a)”.

Pub. L. 111–383, § 2811(f)(3)(C)Subsec. (f)(4). , 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.”

Pub. L. 111–383, § 2811(f)(4)Subsec. (g). , added subsec. (g). Former subsec. (g) redesignated (f).

Pub. L. 110–181, § 2821(a)(1)(A)2008—Subsec. (a)(1). , substituted “or, with respect to a Defense Agency, the Secretary of Defense” for “, or his designee,” in introductory provisions.

Pub. L. 110–181, § 2821(b)Subsec. (a)(1)(G). , added subpar. (G).

Pub. L. 110–181, § 2821(a)(1)(B)Subsec. (a)(3). , inserted “or the Secretary of Defense” after “military department” in introductory provisions.

Pub. L. 110–181, § 2821(a)(2)Subsec. (b). , inserted “and, with respect to Defense Agencies, the Secretary of Defense” after “military department”.

Pub. L. 110–417Subsec. (c). substituted “water resource development projects of the Corps of Engineers” for “river and harbor projects or flood control projects”.

Pub. L. 110–181, § 2821(a)(3)Subsec. (g)(4). , added par. (4).

Pub. L. 108–3752004—Subsec. (a)(2). substituted “shall include a summary” for “must include a summarization” and inserted “of paragraph (1)” after “in subparagraph (E)”.

Pub. L. 108–136, § 1031(a)(27)(A)(i)2003—Subsec. (a). –(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)”.

Pub. L. 108–136, § 1031(a)(27)(A)(vi)Subsec. (a)(3), (4). , added pars. (3) and (4).

Pub. L. 108–136, § 1031(a)(27)(B)41 U.S.C. 403(11)Subsec. (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 (), but not more than $500,000”.

Pub. L. 108–136, § 1031(a)(27)(C)section 480 of this titleSubsec. (e). , 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 ” 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)”.

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2811(a)]2000—Subsec. (a). , substituted “$500,000” for “$200,000” wherever appearing.

Pub. L. 106–398 41 U.S.C. 403(11)section 2304(g) of this titleSubsec. (b). substituted “specified in section 4(11) of the Office of Federal Procurement Policy Act (),” for “under ” and “$500,000” for “$200,000”.

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2811(a)]Subsec. (e). , substituted “$500,000” for “$200,000”.

Pub. L. 106–651999—Subsec. (a). substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.

Pub. L. 105–261, § 2811(b)1998—Subsecs. (a) to (f). , inserted subsec. headings.

Pub. L. 105–261, § 2811(a)Subsec. (g). , added subsec. (g).

Pub. L. 104–106, § 1502(a)(23)(A)1996—Subsec. (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.

Pub. L. 104–106, § 4321(b)(21)Subsec. (b). , 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”.

Pub. L. 104–106, § 1502(a)(23)(C)Subsec. (e). , substituted “the congressional committees named in subsection (a)” for “the Committees on Armed Services of the Senate and the House of Representatives”.

Pub. L. 104–106, § 1502(a)(23)(D)Subsec. (f). , substituted “the congressional committees named in subsection (a) shall” for “the Committees on Armed Services of the Senate and the House of Representatives shall”.

Pub. L. 102–496, § 403(a)(2)(A)1992—, substituted “reports to congressional committees” for “Reports to the Armed Services Committees” in section catchline.

Pub. L. 102–496, § 403(a)(1)Subsec. (f). , added subsec. (f).

Pub. L. 101–510 section 2304(g) of this title1990—Subsec. (b). substituted “the small purchase threshold under ” for “$5,000”.

Pub. L. 100–4561988—Subsecs. (a), (b), (e). substituted “$200,000” for “$100,000” wherever appearing.

Pub. L. 96–4181980—Subsecs. (a), (b), (e). substituted “$100,000” for “$50,000” wherever appearing.

Pub. L. 94–4311976—Subsec. (a). 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.

Pub. L. 94–107, § 607(5)1975—Subsec. (b). , substituted requirement of annual reports for requirement of quarterly reports.

Pub. L. 94–107, § 607(6)Subsec. (c). , 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.

Pub. L. 93–5521974—Subsec. (a)(6). added par. (6).

Pub. L. 92–5451972—Subsec. (e). added subsec. (e).

Pub. L. 92–1451971—Subsec. (a)(3). made the restriction applicable to a license of real property and substituted “estimated annual fair market rental value” for “estimated annual rental”.

Pub. L. 86–5001960—Subsec. (a). 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.

Pub. L. 86–500Subsec. (b). substituted “$50,000” for “$25,000”.

Pub. L. 86–624 Pub. L. 86–500Subsec. (c). and struck out reference to Hawaii.

Pub. L. 86–500Subsec. (d). reenacted subsection without change.

Pub. L. 86–701959—Subsec. (c). struck out reference to Alaska.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

section 4321(b)(21) of Pub. L. 104–106 section 4401 of Pub. L. 104–106 section 2220 of this titleFor effective date and applicability of amendment by , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–456Oct. 1, 1988section 2702 of Pub. L. 100–456 section 2391 of this titleAmendment by effective , see , set out as a note under .

Reduction or Realignment of Training Bases

Pub. L. 95–485, title VI, § 602Oct. 20, 197892 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.

September 30, 1977Closing of Facilities; Closures or Realignments Publicly Announced After

Pub. L. 95–82, title VI, § 612(c)Aug. 1, 197791 Stat. 380

Public Law 89–188 10 U.S.C. 2662 Public Law 94–431 90 Stat. 1366September 30, 1977“Section 611 of the Military Construction Authorization Act, 1966 (; note), and section 612 of the Military Construction Authorization Act, 1977 (; ) [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 .”

, , , provided that:

Closing of Facilities; Reports to Congress

Pub. L. 89–188, title VI, § 611Sept. 16, 196579 Stat. 818 Pub. L. 89–568, title VI, § 613Sept. 12, 196680 Stat. 757 Pub. L. 97–214, § 7(7)July 12, 198296 Stat. 173Oct. 1, 1982, , , as amended by , , , required a report to Congress and a waiting period in connection with the closing of Defense Department facilities, prior to repeal by , , , eff. .

Executive Documents

Termination of Trust Territory of the Pacific Islands

section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.