10 U.S.C. § 2667

In subsection (a), the words “considers * * * United States” are substituted for the words “shall deem * * * Government”. The words “and conditions” are omitted as surplusage. The words “he considers” are substituted for the words “in his judgment”.

section 472 of title 40October 3, 194458 Stat. 765 In subsection (a)(3), the words “excess property, as defined by ” are substituted for the words “surplus to the needs of the Department within the meaning of the Surplus Property Act of 1944 [Act of ()]”, in 5:626s–3, 10:1270, and 34:522a, since the words “excess property” are so defined by the Federal Property and Administrative Services Act of 1949.

In subsection (b)(2), the words “may give” are substituted for the first 12 words of the third sentence of 5:626s–3, 10:1270, and 34:522a. The words “if the lease is revoked to allow the United States to sell the property” are substituted for the words “in the event of the revocation of the lease in order to permit sale thereof by the Government”. The words “under any other provision of law” are inserted for clarity. The words “the first right to buy” are substituted for the words “a right of first refusal”. The words “but this section shall not be construed as authorizing the sale of any property unless the sale thereof is otherwise authorized by law” are omitted as surplusage, since the revised section deals only with leases of property.

In subsection (b)(3), the words “must permit” are substituted for the words “Each such lease shall contain a provision permitting”. The words “from the lease” are omitted as surplusage.

In subsection (b)(5), the words “any such lease” and “of such property” are omitted as surplusage.

In subsection (c), the words “This section does” are substituted for the words “The authority herein granted shall”.

In subsection (e), the words “of property” are inserted for clarity. The words “leased under” are substituted for the words “made or created pursuant to”. The words “may be taxed by State or local governments” are substituted for the words “shall be made subject to State or local taxation”. The last sentence is substituted for the last sentence of 5:626s–6, 10:1270d, and 34:522e.

Editorial Notes

References in Text

Pub. L. 91–190Jan. 1, 197083 Stat. 852 section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (g)(4)(A), is , , , which is classified generally to chapter 55 (§ 4321 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.

Pub. L. 113–291Dec. 19, 2014The date of the enactment of this paragraph, referred to in subsec. (h)(4)(A)(i), is the date of enactment of , which was approved .

Amendments

Pub. L. 118–159, § 2844(1)2024—Subsec. (c)(1)(A). , inserted “, whether or not needed for the functionality of the property or facility leased” before period at end.

Pub. L. 118–159, § 2844(2)Subsec. (c)(1)(F). , inserted “, which may include industrial process optimization” before period at end.

Pub. L. 118–159, § 2844(3)Subsec. (c)(1)(G) to (I). , added subpars. (G) to (I).

Pub. L. 115–2322018—Subsec. (b)(8). added par. (8).

Pub. L. 115–91, § 28352017—Subsec. (c)(1)(D). , inserted “, which shall prioritize energy resilience in the event of commercial grid outages” after “Secretary concerned”.

Pub. L. 115–91, § 2811(e)section 480 of this titleSubsec. (d)(3). , substituted “submit, in an electronic medium pursuant to , to the congressional defense committees a notice” for “provide to the congressional defense committees written notice”.

Pub. L. 115–91, § 1081(a)(46)(A)section 489(a) of this titleSubsec. (e)(1)(E). , substituted “a military museum” for “a military museum described in ”.

Pub. L. 115–91, § 1081(a)(46)(B)January 1, 2005Subsec. (e)(4). , substituted “shall be deposited into the Department of Defense Base Closure Account” for “before , shall be deposited into the account”.

Pub. L. 115–91, § 1081(a)(46)(C)January 1, 2005Public Law 101–51010 U.S.C. 2687Subsec. (e)(5). , struck out par. (5) which read as follows: “Money rentals received by the United States from a lease under subsection (g) at a military installation approved for closure or realignment under a base closure law on or after , shall be deposited into the account established under section 2906A(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ; note).”

Pub. L. 115–91, § 1081(a)(47)Subsec. (k). , substituted “section 8101” for “section 9101”.

Pub. L. 114–922015—Subsec. (k). added subsec. (k).

Pub. L. 113–2912014—Subsec. (h)(4). added par. (4).

Pub. L. 113–66, § 2812(a)2013—Subsec. (e)(1)(C)(vi). , added cl. (vi).

Pub. L. 113–66, § 2812(b)Subsec. (i)(1), (2). , added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3).

Pub. L. 113–66, § 2812(b)Subsec. (i)(3). , redesignated par. (2) as (3). Former par. (3) redesignated (4).

Pub. L. 112–239 substituted “section 2687” for “section 2687(e)(1)”.

Pub. L. 113–66, § 2812(b)Subsec. (i)(4), (5). , redesignated pars. (3) and (4) as (4) and (5), respectively.

Pub. L. 111–383, § 2813(a)2011—Subsec. (b)(7). , inserted before period at end “, or otherwise commit the Secretary concerned or the Department of Defense to annual payments in excess of such amount”.

Pub. L. 111–383, § 2811(g)(1)Subsec. (c)(4). , struck out par. (4), which set forth reporting requirements for issuance of contract solicitations or other lease offerings with annual payments exceeding $750,000.

Pub. L. 111–383, § 2811(g)(2)Subsec. (d)(6). , struck out par. (6), which read as follows: “The Secretary concerned shall provide written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives regarding all leases under this section that include the operation of a community support facility or the provision of community support services, regardless of whether the facility will be operated by a covered entity or the lessee or the services will be provided by a covered entity or the lessee.”

Pub. L. 111–383, § 1075(b)(41)(A)Subsec. (e)(1)(A)(ii). , substituted “section 2668” for “sections 2668 and 2669”.

Pub. L. 111–383Subsec. (e)(1)(E). , §§ 2811(g)(3), 2812, added subpar. (E) and struck out former subpar. (E), which read as follows: “The Secretary concerned may not expend under subparagraph (C) an amount in excess of $500,000 at a single military installation or Defense Agency location until 30 days after the date on which a report on the facts of the proposed expenditure is submitted to the congressional defense committees.”

Pub. L. 111–383, § 1075(b)(41)(B)Subsec. (e)(5). , substituted “subsection (g)” for “subsection (f)”.

Pub. L. 111–350Pub. L. 109–364, § 662(b)(1)Subsec. (g)(1). , which directed substitution of “Notwithstanding subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 (to the extent those provisions are inconsistent with this subsection) or subsection (a)(2) of this section” for “Notwithstanding subsection (a)(3) or subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (to the extent subtitle I and title III are inconsistent with this subsection)” in subsec. (f)(1), was executed by making the substitution for “Notwithstanding subsection (a)(2) or subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (to the extent subtitle I and title III are inconsistent with this subsection)” in subsec. (g)(1), to reflect the probable intent of Congress and the amendment by , (d)(6). See 2006 Amendment note below.

Pub. L. 111–383, § 2811(g)(4)Subsec. (h)(3) to (5). , redesignated par. (4) as (3) and struck out former pars. (3) and (5) which related to written notice to Congress describing competitive procedures for, or public benefit served by, certain proposed leases and certification requirements for energy production leases exceeding 20 years, respectively.

Pub. L. 111–842009—Subsec. (g)(1). substituted “law, the Secretary concerned may” for “law, the Secretary of the military department concerned may”.

Pub. L. 110–417, § 2812(f)(1)2008—, amended section catchline generally. Prior to amendment, catchline read as follows: “Leases: non-excess property of military departments”.

Pub. L. 110–417, § 2812(a)(1)Subsec. (a). , amended subsec. (a) generally. Prior to amendment, text read as follows: “Whenever the Secretary of a military department considers it advantageous to the United States, he may lease to such lessee and upon such terms as he considers will promote the national defense or be in the public interest, real or personal property that is—

“(1) under the control of that department; and

section 102 of title 40“(2) not excess property, as defined by .”

Pub. L. 110–417, § 2812(b)Subsec. (b)(7). , added par. (7).

Pub. L. 110–181, § 2823(a)Subsec. (c)(1)(D) to (F). , added subpars. (D) and (E), redesignated former subpar. (E) as (F), and struck out former subpar. (D) which read as follows: “Facilities operation support for the Secretary concerned.”

Pub. L. 110–417, § 2812(c)Subsec. (c)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “In the case of a lease for which all or part of the consideration proposed to be accepted by the Secretary concerned under this subsection is in-kind consideration with a value in excess of $500,000, the Secretary concerned may not enter into the lease until 30 days after the date on which a report on the facts of the lease is submitted to the congressional defense committees.”

Pub. L. 110–417, § 2812(d)(1)(A)Subsec. (d)(2). , substituted “Secretary concerned” for “Secretary of a military department” in introductory provisions.

Pub. L. 110–417, § 2812(d)(1)(B)Subsec. (d)(3), (4), (6). , struck out “of the military department” after “Secretary” in pars. (3) and (6) and after “from the Secretary” in par. (4).

Pub. L. 110–181, § 1063(c)(13)Pub. L. 109–364, § 2831Subsec. (e). , amended . See 2006 Amendment note below.

Pub. L. 110–417, § 2812(d)(2)(A)Subsec. (e)(1)(A). , in introductory provisions, substituted “Secretary concerned” for “Secretary of a military department” and “that Secretary” for “such military department” and, in cl. (iii), substituted “of that Secretary” for “of that military department”.

Pub. L. 110–417, § 2812(d)(2)(B)Subsec. (e)(1)(B)(i). , substituted “Secretary concerned” for “Secretary of a military department”.

Pub. L. 110–181, § 2823(d)(1)Subsec. (e)(1)(B)(ii). , substituted “paragraph (3), (4), or (5)” for “paragraph (4), (5), or (6)”.

Pub. L. 110–417, § 2812(d)(2)(C)Subsec. (e)(1)(C). , in introductory provisions, substituted “established for the Secretary concerned shall be available to the Secretary” for “of a military department pursuant to subparagraph (A) shall be available to the Secretary of that military department”.

Pub. L. 110–181, § 2823(b)Subsec. (e)(1)(C)(ii) to (v). , realigned margins of cls. (ii) and (iii), added cls. (iv) and (v), and struck out former cl. (iv) which read as follows: “Facilities operation support.”

Pub. L. 110–417, § 2812(d)(2)(D)Subsec. (e)(1)(D). , substituted “established for the Secretary concerned” for “of a military department under subparagraph (A)” and inserted “or Defense Agency location” after “military installation”.

Pub. L. 110–417, § 2812(d)(2)(E)Subsec. (e)(1)(E). , substituted “military installation or Defense Agency location” for “installation”.

Pub. L. 110–417, § 2812(d)(2)(F)Subsec. (e)(3). , substituted “control of the Secretary concerned” for “control of the Secretary of a military department”.

Pub. L. 110–181, § 2823(d)(2), redesignated par. (4) as (3).

Pub. L. 110–181, § 2823(d)(2)Subsec. (e)(4) to (6). , redesignated pars. (5) and (6) as (4) and (5), respectively.

Pub. L. 110–417, § 2812(d)(3)Subsec. (g)(1). , which directed amendment of par. (1) by substituting “Secretary concerned” for “Secretary of a military department”, could not be executed because the phrase “Secretary of a military department” did not appear in text.

Pub. L. 110–181, § 2823(c)(1)Subsec. (h)(1). , substituted “exceeds one year, or the fair market value of the lease” for “exceeds one year, and the fair market value of the lease”.

Pub. L. 110–181, § 2823(c)(2)Subsec. (h)(2) to (4). , (3), added pars. (2) and (3), redesignated former par. (3) as (4), and struck out former par. (2) which read as follows: “Not later than 45 days before entering into a lease described in paragraph (1), the Secretary concerned shall submit to Congress written notice describing the terms of the proposed lease and the competitive procedures used to select the lessee.”

Pub. L. 110–417, § 2831Subsec. (h)(5). , added par. (5).

Pub. L. 110–417, § 2812(a)(2)Subsec. (i)(4). , added par. (4).

Pub. L. 109–364, § 662(d)(1)2006—Subsec. (a). , inserted heading.

Pub. L. 109–364, § 662(d)(2)Subsec. (b). , inserted heading.

Pub. L. 109–364, § 662(a)Subsec. (b)(6). , added par. (6).

Pub. L. 109–364, § 662(d)(3)Subsec. (c). , inserted heading.

Pub. L. 109–364, § 662(b)Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 109–364, § 2831Pub. L. 110–181, § 1063(c)(13)January 1, 2005Subsec. (e). , as amended by , substituted “paragraph (4), (5), or (6)” for “paragraph (4) or (5)” in par. (1)(B)(ii), inserted “at a military installation approved for closure or realignment under a base closure law before ,” after “lease under subsection (f)” in par. (5), and added par. (6) at the end.

Pub. L. 109–364, § 662(d)(4), inserted heading and substituted “(g)” for “(f)” in par. (5).

Pub. L. 109–364, § 662(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Pub. L. 109–364, § 662(b)(1)Subsec. (f). , (d)(5), redesignated subsec. (e) as (f) and inserted heading. Former subsec. (f) redesignated (g).

Pub. L. 109–364, § 662(b)(1)Subsec. (g). , (d)(6), redesignated subsec. (f) as (g), inserted heading, and substituted “(a)(2)” for “(a)(3)” in par. (1). Former subsec. (g) redesignated (h).

Pub. L. 109–364, § 662(b)(1)Subsec. (h). , (d)(7), redesignated subsec. (g) as (h) and inserted heading. Former subsec. (h) redesignated (i).

Pub. L. 109–364, § 662(b)(1)section 2687(e)(1) of this titleSubsec. (i). , (c), redesignated subsec. (h) as (i), inserted heading, and amended text of subsec. (i) generally. Prior to amendment, subsec. (i) read as follows: “In this section, the term ‘military installation’ has the meaning given such term in .” Former subsec. (i) redesignated (j).

Pub. L. 109–364, § 662(b)(1)Subsec. (j). , (d)(8), redesignated subsec. (i) as (j) and inserted heading.

Pub. L. 108–1782003—Subsec. (b)(5). struck out comma after “of title 40”.

Pub. L. 108–136section 2687 of this titlePub. L. 101–510Pub. L. 100–526Subsec. (h). redesignated introductory provisions and par. (3) as entire subsec., substituted “section,” for “section:” and “this term” for “The term”, struck out par. (1) which defined “congressional defense committees” to mean the Committees on Armed Services and Appropriations of the Senate and House of Representatives, and struck out par. (2) which defined “base closure law” to mean , the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ), and title II of the Defense Authorization Amendments and Base Closure and Realignment Act ().

Pub. L. 107–217, § 3(b)(12)(A)section 102 of title 4040 U.S.C. 4722002—Subsec. (a)(2). , substituted “” for “section 3 of the Federal Property and Administrative Services Act of 1949 ()”.

Pub. L. 107–217, § 3(b)(12)(B)section 1302 of title 40section 321 of the Act of June 30, 1932 40 U.S.C. 303bSubsec. (b)(5). , substituted “” for “ ()”.

Pub. L. 107–314Subsec. (d)(3). struck out par. (3) which read as follows: “Not later than March 15 each year, the Secretary of Defense shall submit to the congressional defense committees a report which shall include—

“(A) an accounting of the receipt and use of all money rentals that were deposited and expended under this subsection during the fiscal year preceding the fiscal year in which the report is made; and

“(B) a detailed explanation of each lease entered into, and of each amendment made to existing leases, during such preceding fiscal year.”

Pub. L. 107–217, § 3(b)(12)(C)Subsec. (f)(1). , inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “subtitle I and title III are” for “such Act is”.

Pub. L. 107–1072001—Subsec. (g)(3). added par. (3).

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(a)]2000—Subsec. (a). , inserted “and” at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “not for the time needed for public use; and”.

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(b)(1)]Subsec. (b)(5). , substituted “alteration, repair, or improvement,” for “improvement, maintenance, protection, repair, or restoration,” and struck out “, or of the entire unit or installation where a substantial part of it is leased,” after “of the property leased”.

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(b)(3)]Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (i).

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(c)]Subsec. (d)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows:

“(1)(A) All money rentals received pursuant to leases entered into by the Secretary of a military department under this section shall be deposited in a special account in the Treasury established for such military department, except—

“(i) amounts paid for utilities and services furnished lessees by the Secretary; and

“(ii) money rentals referred to in paragraph (4) or (5).

“(B) Sums deposited in a military department’s special account pursuant to subparagraph (A) shall be available to such military department, as provided in appropriation Acts, as follows:

“(i) 50 percent of such amount shall be available for facility maintenance and repair or environmental restoration at the military installation where the leased property is located.

“(ii) 50 percent of such amount shall be available for facility maintenance and repair and for environmental restoration by the military department concerned.”

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(d)(1)]Subsec. (d)(3). , substituted “Not later than March 15 each year, the Secretary of Defense shall submit to the congressional defense committees a report which” for “As part of the request for authorizations of appropriations submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives for each fiscal year, the Secretary of Defense” in introductory provisions.

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(d)(2)]Subsec. (d)(3)(A). , substituted “report” for “request”.

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(b)(4)]Subsec. (f)(4), (5). , redesignated par. (5) as (4) and struck out former par. (4) which read as follows: “The Secretary concerned may accept under subsection (b)(5) services of a lessee for an entire installation to be closed or realigned under a base closure law, or for any part of such installation, without regard to the requirement in subsection (b)(5) that a substantial part of the installation be leased.”

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(e)]Subsec. (h). , amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “In this section, the term ‘base closure law’ means each of the following:

Public Law 101–51010 U.S.C. 2687“(1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of ; note).

Public Law 100–52610 U.S.C. 2687“(2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (; note).

Section 2687 of this title“(3) .”

Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2812(b)(2)]Subsec. (i). , redesignated subsec. (c) as (i).

Pub. L. 106–651999—Subsec. (d)(3). substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.

Pub. L. 105–2611998—Subsec. (f)(1). inserted “or the Federal Property and Administrative Services Act of 1949 (to the extent such Act is inconsistent with this subsection)”.

Pub. L. 105–85, § 1061(c)(1)1997—, inserted “of military departments” after “property” in section catchline.

Pub. L. 105–85, § 1061(a)Subsec. (b)(4). , struck out “, in the case of the lease of real property,” after “shall provide”.

Pub. L. 105–85, § 361(b)(2)Subsec. (d)(2). , inserted “or working capital fund” before “from which”.

Pub. L. 105–85, § 1061(b)Subsecs. (g), (h). , added subsec. (g) and redesignated former subsec. (g) as (h).

Pub. L. 104–106, § 2831(a)(1)1996—Subsec. (d)(1)(A)(ii). , inserted “or (5)” after “paragraph (4)”.

Pub. L. 104–106, § 1502(a)(1)Subsec. (d)(3). , substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

Pub. L. 104–106, § 2831(a)(2)Subsec. (d)(5). , added par. (5).

Pub. L. 104–106, § 2832Subsec. (f)(4). , added par. (4).

Pub. L. 104–106, § 2833Subsec. (f)(5). , added par. (5).

Pub. L. 103–160, § 2906(a)1993—Subsec. (f). , amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Notwithstanding clause (3) of subsection (a), real property and associated personal property, which have been determined excess as the result of a defense installation realignment or closure, may be leased to State or local governments pending final disposition of such property if—

“(1) the Secretary concerned determines that such action would facilitate State or local economic adjustment efforts, and

“(2) the Administrator of General Services concurs in the action.”

Pub. L. 103–160, § 2906(b)Subsec. (g). , added subsec. (g).

Pub. L. 102–4841992—Subsec. (b)(4). inserted “, in the case of the lease of real property,” after “shall provide”.

Pub. L. 102–190, § 2862(a)(1)1991—Subsec. (b)(3). , substituted “shall permit” for “must permit” and struck out “and” at end.

Pub. L. 102–190, § 2862(a)(2)Subsec. (b)(4). , (3), added par. (4) and redesignated former par. (4) as (5).

Pub. L. 102–190, § 2862(a)(2)Subsec. (b)(5). , (4), redesignated par. (4) as (5) and inserted “improvement,” before “maintenance” and “the payment of” before “part or all”.

Pub. L. 102–190, § 2862(b)Subsec. (d)(3). , redesignated subpar. (B) as par. (3), substituted “As part of the request for authorizations of appropriations submitted to the Committees on Armed Services of the Senate and House of Representatives for each fiscal year” for “As part of the request for authorizations of appropriations to such Committees for each fiscal year after fiscal year 1992”, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “As part of the request for authorizations of appropriations for fiscal year 1992 to the Committees on Armed Services of the Senate and of the House of Representatives, the Secretary of Defense shall include an explanation of each lease from which money rentals will be received and deposited under this subsection during fiscal year 1991, together with an estimate of the amount to be received from each such lease and an explanation of the anticipated expenditures of such receipts.”

Pub. L. 101–5101990—Subsec. (d). added pars. (1) to (3), redesignated former par. (2) as (4), and struck out former par. (1) which read as follows: “Except as provided in paragraph (2), money rentals received by the United States directly from a lease under this section shall be covered into the Treasury as miscellaneous receipts. Payments for utilities or services furnished to the lessee under such a lease by the department concerned may be covered into the Treasury to the credit of the appropriation from which the cost of furnishing them was paid.”

Pub. L. 97–295June 30, 19331982—Subsec. (b)(4). substituted “of” for “entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending , and for other purposes’, approved” after “section 321 of the Act”.

Pub. L. 97–321Subsec. (d). designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), money” for “Money”, and added par. (2).

Pub. L. 96–513, § 511(92)(A)40 U.S.C. 472section 472 of title 401980—Subsec. (a)(3). , substituted “section 3 of the Federal Property and Administrative Services Act of 1949 ()” for “”.

Pub. L. 96–513, § 511(92)(B)June 30, 1933June 30, 193240 U.S.C. 303bsection 303b of title 40Subsec. (b)(4). , substituted “section 321 of the Act entitled ‘An act making appropriations for the Legislative Branch of the Government for the fiscal year ending , and for other purposes’, approved (),” for “”.

Pub. L. 96–513, § 511(92)(C)Subsec. (e). , substituted “Act” for “act”.

Pub. L. 96–513, § 511(92)(D)Subsec. (f). , substituted “the Secretary” for “The Secretary”, and substituted “the Administrator of General Services” for “The Administrator of the General Services Administration”.

Pub. L. 94–4121976—Subsec. (b)(4), (5). struck out par. (4) which required leases of nonexcess property of a military department include a provision making the lease revocable during a national emergency declared by the President, and redesignated par. (5) as (4).

Pub. L. 94–1071975—Subsec. (f). added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. B, title XXVIII, § 2802(b)Aug. 13, 2018132 Stat. 2261

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title X, § 1063(c)Jan. 28, 2008122 Stat. 322 Oct. 17, 2006Pub. L. 109–364, , , provided that the amendment made by section 1063(c)(13) is effective as of , and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, , as enacted.

Effective Date of 2003 Amendment

Pub. L. 108–178Aug. 21, 2002section 5 of Pub. L. 108–178section 5334 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.

Effective Date of 1980 Amendment

Pub. L. 96–513Dec. 12, 1980section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Savings Provision

Pub. L. 94–412section 501(h) of Pub. L. 94–412section 1601 of Title 50Amendment by not to affect any action taken or proceeding pending at the time of amendment, see , set out as a note under , War and National Defense.

Lease Durations

Pub. L. 117–263, div. H, title LXXXI, § 8136Dec. 23, 2022136 Stat. 3722

Temporary Installation Reutilization Authority for Arsenals, Depots, and Plants

Pub. L. 115–91, div. A, title III, § 345Dec. 12, 2017131 Stat. 1363 Pub. L. 116–92, div. A, title III, § 354Dec. 20, 2019133 Stat. 1321

Transfers From Special Accounts

Pub. L. 108–287, title VIII, § 8034Aug. 5, 2004118 Stat. 978

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 108–87, title VIII, § 8035Sept. 30, 2003117 Stat. 1080 , , .

Pub. L. 107–248, title VIII, § 8035Oct. 23, 2002116 Stat. 1544 , , .

Pub. L. 107–117, div. A, title VIII, § 8038Jan. 10, 2002115 Stat. 2255 , , .

Pub. L. 106–259, title VIII, § 8038Aug. 9, 2000114 Stat. 682 , , .

Pub. L. 106–79, title VIII, § 8040Oct. 25, 1999113 Stat. 1239 , , .

Pub. L. 105–262, title VIII, § 8040Oct. 17, 1998112 Stat. 2306 , , .

Pub. L. 105–56, title VIII, § 8044Oct. 8, 1997111 Stat. 1230 , , .

Pub. L. 104–61, title VIII, § 8056Dec. 1, 1995109 Stat. 663 , , .

Pub. L. 103–335, title VIII, § 8063Sept. 30, 1994108 Stat. 2634 , , .

Pub. L. 103–139, title VIII, § 8074Nov. 11, 1993107 Stat. 1457 , , .

Pub. L. 102–396, title IX, § 9107Oct. 6, 1992106 Stat. 1927 , , .

Leasing of Defense Property; Notification of Congress; Waiver; Report to Congress; Definition

Pub. L. 96–533, title I, § 109(a)Dec. 16, 198094 Stat. 3137 section 2667 of title 10Pub. L. 97–113, title I, § 109(d)(1)Dec. 29, 198195 Stat. 1526 –(e), , , provided that before the Secretary of a military department exercised his authority under , United States Code, in order to lease defense property to a foreign government for a period of more than six months, the President had to transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, a written notification of the particulars of the proposed lease, prior to repeal by , , . See section 2795 et seq. of Title 22, Foreign Relations and Intercourse.