
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2662]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 2662. Real property transactions: reports to congressional 
        committees
        
    (a) General Notice and Wait Requirements.--The Secretary of a 
military department, or his designee, may not enter into any of the 
following listed transactions by or for the use of that department 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 Committee 
on Armed Services of the Senate and the Committee on Armed Services of 
the House of Representatives:
        (1) An acquisition of fee title to any real property, if the 
    estimated price is more than $500,000.
        (2) A lease of any real property to the United States, if the 
    estimated annual rental is more than $500,000.
        (3) A lease or license of real property owned by the United 
    States, if the estimated annual fair market rental value of the 
    property is more than $500,000.
        (4) 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 $500,000.
        (5) A report of excess real property owned by the United States 
    to a disposal agency, if the estimated value is more than $500,000.
        (6) 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.

If a transaction covered by clause (1) or (2) is part of a project, the 
report must include a summarization 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. The report required by this subsection 
concerning any report of excess real property described in clause (5) 
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.
    (b) Annual Reports on Certain Minor Transactions.--The Secretary of 
each military department 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 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.
    (c) Geographic Scope; Excepted Projects.--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 apply to real property for river and harbor 
projects or flood control projects, 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) Notice and Wait Regarding Leases of Space for DoD by GSA.--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 $500,000 (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 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).
    (f) 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.
    (g) 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, and the reporting requirement set 
forth in subsection (e) 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) A declaration of a national emergency by the President 
    pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).
        (C) A declaration of an emergency or major disaster pursuant to 
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act 
    (42 U.S.C. 5121 et seq.).
        (D) The use of the militia or the armed forces after a 
    proclamation to disperse under section 334 of this title.
        (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) or (e), as the case may be, but for the operation of 
paragraph (1) or (2).

(Aug. 10, 1956, ch. 1041, 70A Stat. 147; Pub. L. 86-70, Sec. 6(c), June 
25, 1959, 73 Stat. 142; Pub. L. 86-500, title V, Sec. 511(1), June 8, 
1960, 74 Stat. 186; Pub. L. 86-624, Sec. 4(c), July 12, 1960, 74 Stat. 
411; Pub. L. 92-145, title VII, Sec. 707(5), Oct. 27, 1971, 85 Stat. 
412; Pub. L. 92-545, title VII, Sec. 709, Oct. 25, 1972, 86 Stat. 1154; 
Pub. L. 93-552, title VI, Sec. 610, Dec. 27, 1974, 88 Stat. 1765; Pub. 
L. 94-107, title VI, Sec. 607(5), (6), Oct. 7, 1975, 89 Stat. 566; Pub. 
L. 94-431, title VI, Sec. 614, Sept. 30, 1976, 90 Stat. 1367; Pub. L. 
96-418, title VIII, Sec. 805, Oct. 10, 1980, 94 Stat. 1777; Pub. L. 100-
456, div. B, title XXVIII, Sec. 2803, Sept. 29, 1988, 102 Stat. 2115; 
Pub. L. 101-510, div. A, title XIII, Sec. 1311(6), Nov. 5, 1990, 104 
Stat. 1670; Pub. L. 102-496, title IV, Sec. 403(a)(1), (2)(A), Oct. 24, 
1992, 106 Stat. 3185; Pub. L. 104-106, div. A, title XV, 
Sec. 1502(a)(23), div. D, title XLIII, Sec. 4321(b)(21), Feb. 10, 1996, 
110 Stat. 505, 673; Pub. L. 105-261, div. B, title XXVIII, Sec. 2811, 
Oct. 17, 1998, 112 Stat. 2204; Pub. L. 106-65, div. A, title X, 
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec. 1 [div. 
B, title XXVIII, Sec. 2811], Oct. 30, 2000, 114 Stat. 1654, 1654A-416.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2662(a)...............................  40:551.                              Se
pt. 28, 1951, ch. 434, Secs.  601-
2662(b)...............................  40:552.                               6
04, 65 Stat. 365, 366.
2662(c)...............................  40:553.
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''.
    In 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 
section 101(1) of this title, ``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.

                       References in Text

    The National Emergencies Act, referred to in subsec. (g)(1)(B), is 
Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is 
classified principally to chapter 34 (Sec. 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. (g)(1)(C), is Pub. L. 93-288, May 22, 1974, 88 
Stat. 143, as amended, which is classified principally to chapter 68 
(Sec. 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.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 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, Sec. 1 [div. B, title XXVIII, 
Sec. 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, Sec. 2811(b), inserted 
subsec. headings.
    Subsec. (g). Pub. L. 105-261, Sec. 2811(a), added subsec. (g).
    1996--Subsec. (a). Pub. L. 104-106, Sec. 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, Sec. 4321(b)(21), substituted 
``simplified acquisition threshold'' for ``small purchase threshold''.
    Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 607(5), substituted 
requirement of annual reports for requirement of quarterly reports.
    Subsec. (c). Pub. L. 94-107, Sec. 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.


                    Effective Date of 1996 Amendment

    For 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 251 of Title 41, Public Contracts.


                    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.

          Termination of Trust Territory of the Pacific Islands

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


               Reduction or Realignment of Training Bases

    Pub. L. 95-485, title VI, Sec. 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, 1977

    Pub. L. 95-82, title VI, Sec. 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, Sec. 611, Sept. 16, 1965, 79 Stat. 818, as 
amended by Pub. L. 89-568, title VI, Sec. 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, Sec. 7(7), July 12, 1982, 96 Stat. 173, eff. Oct. 1, 
1982.

                  Section Referred to in Other Sections

    This section is referred to in section 2667 of this title; title 42 
section 3374.
