
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1013]
[CITE: 10USC2667]

 
                         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. 2667. Leases: non-excess property of military departments

    (a) 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
        (2) not excess property, as defined by section 3 of the Federal 
    Property and Administrative Services Act of 1949 (40 U.S.C. 472).

    (b) A lease under subsection (a)--
        (1) may not be for more than five years, unless the Secretary 
    concerned determines that a lease for a longer period will promote 
    the national defense or be in the public interest;
        (2) may give the lessee the first right to buy the property if 
    the lease is revoked to allow the United States to sell the property 
    under any other provision of law;
        (3) shall permit the Secretary to revoke the lease at any time, 
    unless he determines that the omission of such a provision will 
    promote the national defense or be in the public interest;
        (4) shall provide for the payment (in cash or in kind) by the 
    lessee of consideration in an amount that is not less than the fair 
    market value of the lease interest, as determined by the Secretary; 
    and
        (5) may provide, notwithstanding section 321 of the Act of June 
    30, 1932 (40 U.S.C. 303b), or any other provision of law, for the 
    alteration, repair, or improvement, by the lessee, of the property 
    leased as the payment of part or all of the consideration for the 
    lease.

    (c)(1) In addition to any in-kind consideration accepted under 
subsection (b)(5), in-kind consideration accepted with respect to a 
lease under this section may include the following:
        (A) Maintenance, protection, alteration, repair, improvement, or 
    restoration (including environmental restoration) of property or 
    facilities under the control of the Secretary concerned.
        (B) Construction of new facilities for the Secretary concerned.
        (C) Provision of facilities for use by the Secretary concerned.
        (D) Facilities operation support for the Secretary concerned.
        (E) Provision of such other services relating to activities that 
    will occur on the leased property as the Secretary concerned 
    considers appropriate.

    (2) In-kind consideration under paragraph (1) may be accepted at any 
property or facilities under the control of the Secretary concerned that 
are selected for that purpose by the Secretary concerned.
    (3) Sections 2662 and 2802 of this title shall not apply to any new 
facilities whose construction is accepted as in-kind consideration under 
this subsection.
    (4) 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.
    (d)(1)(A) The Secretary of a military department shall deposit in a 
special account in the Treasury established for such military department 
the following:
        (i) All money rentals received pursuant to leases entered into 
    by that Secretary under this section.
        (ii) All proceeds received pursuant to the granting of easements 
    by that Secretary under sections 2668 and 2669 of this title.
        (iii) All proceeds received by that Secretary from authorizing 
    the temporary use of other property under the control of that 
    military department.

    (B) Subparagraph (A) does not apply to the following proceeds:
        (i) Amounts paid for utilities and services furnished lessees by 
    the Secretary of a military department pursuant to leases entered 
    into under this section.
        (ii) Money rentals referred to in paragraph (4) or (5).

    (C) Subject to subparagraphs (D) and (E), the proceeds deposited in 
the special account of a military department pursuant to subparagraph 
(A) shall be available to the Secretary of that military department, in 
such amounts as provided in appropriation Acts, for the following:
        (i) Maintenance, protection, alteration, repair, improvement, or 
    restoration (including environmental restoration) of property or 
    facilities.
        (ii) Construction or acquisition of new facilities.
        (iii) Lease of facilities.
        (iv) Facilities operation support.

    (D) At least 50 percent of the proceeds deposited in the special 
account of a military department under subparagraph (A) shall be 
available for activities described in subparagraph (C) only at the 
military installation where the proceeds were derived.
    (E) The Secretary concerned may not expend under subparagraph (C) an 
amount in excess of $500,000 at a single installation until 30 days 
after the date on which a report on the facts of the proposed 
expenditure is submitted to the congressional defense committees.
    (2) Payments for utilities and services furnished lessees pursuant 
to leases entered into under this section shall be credited to the 
appropriation account or working capital fund from which the cost of 
furnishing the utilities and services was paid.
    (3) 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.

    (4) Money rentals received by the United States directly from a 
lease under this section for agricultural or grazing purposes of lands 
under the control of the Secretary of a military department (other than 
lands acquired by the United States for flood control or navigation 
purposes or any related purpose, including the development of 
hydroelectric power) may be retained and spent by the Secretary 
concerned in such amounts as the Secretary considers necessary to cover 
the administrative expenses of leasing for such purposes and to cover 
the financing of multiple-land use management programs at any 
installation under the jurisdiction of the Secretary.
    (5) Money rentals received by the United States from a lease under 
subsection (f) shall be deposited into the account established under 
section 2906(a) of the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
    (e) The interest of a lessee of property leased under this section 
may be taxed by State or local governments. A lease under this section 
shall provide that, if and to the extent that the leased property is 
later made taxable by State or local governments under an Act of 
Congress, the lease shall be renegotiated.
    (f)(1) Notwithstanding subsection (a)(3) \1\ or the Federal Property 
and Administrative Services Act of 1949 (to the extent such Act is 
inconsistent with this subsection), pending the final disposition of 
real property and personal property located at a military installation 
to be closed or realigned under a base closure law, the Secretary of the 
military department concerned may lease the property to any individual 
or entity under this subsection if the Secretary determines that such a 
lease would facilitate State or local economic adjustment efforts.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
    (2) Notwithstanding subsection (b)(4), the Secretary concerned may 
accept consideration in an amount that is less than the fair market 
value of the lease interest if the Secretary concerned determines that--
        (A) a public interest will be served as a result of the lease; 
    and
        (B) the fair market value of the lease is (i) unobtainable, or 
    (ii) not compatible with such public benefit.

    (3) Before entering into any lease under this subsection, the 
Secretary shall consult with the Administrator of the Environmental 
Protection Agency in order to determine whether the environmental 
condition of the property proposed for leasing is such that the lease of 
the property is advisable. The Secretary and the Administrator shall 
enter into a memorandum of understanding setting forth procedures for 
carrying out the determinations under this paragraph.
    (4)(A) Notwithstanding the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), the scope of any environmental impact analysis 
necessary to support an interim lease of property under this subsection 
shall be limited to the environmental consequences of activities 
authorized under the proposed lease and the cumulative impacts of other 
past, present, and reasonably foreseeable future actions during the 
period of the proposed lease.
    (B) Interim leases entered into under this subsection shall be 
deemed not to prejudice the final disposal decision with respect to the 
property, even if final disposal of the property is delayed until 
completion of the term of the interim lease. An interim lease under this 
subsection shall not be entered into without prior consultation with the 
redevelopment authority concerned.
    (C) Subparagraphs (A) and (B) shall not apply to an interim lease 
under this subsection if authorized activities under the lease would--
        (i) significantly affect the quality of the human environment; 
    or
        (ii) irreversibly alter the environment in a way that would 
    preclude any reasonable disposal alternative of the property 
    concerned.

    (g)(1) If a proposed lease under subsection (a) involves only 
personal property, the lease term exceeds one year, and the fair market 
value of the lease interest exceeds $100,000, as determined by the 
Secretary concerned, the Secretary shall use competitive procedures to 
select the lessee.
    (2) 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.
    (h) In this section:
        (1) The term ``congressional defense committees'' means:
            (A) The Committee on Armed Services and the Committee on 
        Appropriations of the Senate.
            (B) The Committee on Armed Services and the Committee on 
        Appropriations of the House of Representatives.

        (2) The term ``base closure law'' means the following:
            (A) Section 2687 of this title.
            (B) The Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note).
            (C) Title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 
        2687 note).

        (3) The term ``military installation'' has the meaning given 
    such term in section 2687(e)(1) of this title.

    (i) This section does not apply to oil, mineral, or phosphate lands.

(Aug. 10, 1956, ch. 1041, 70A Stat. 150; Pub. L. 94-107, title VI, 
Sec. 607(7), Oct. 7, 1975, 89 Stat. 566; Pub. L. 94-412, title V, 
Sec. 501(b), Sept. 14, 1976, 90 Stat. 1258; Pub. L. 96-513, title V, 
Sec. 511(92), Dec. 12, 1980, 94 Stat. 2928; Pub. L. 97-295, Sec. 1(34), 
Oct. 12, 1982, 96 Stat. 1296; Pub. L. 97-321, title VIII, Sec. 803, Oct. 
15, 1982, 96 Stat. 1572; Pub. L. 101-510, div. B, title XXVIII, 
Sec. 2806, Nov. 5, 1990, 104 Stat. 1787; Pub. L. 102-190, div. B, title 
XXVIII, Sec. 2862, Dec. 5, 1991, 105 Stat. 1559; Pub. L. 102-484, div. 
B, title XXVIII, Sec. 2851, Oct. 23, 1992, 106 Stat. 2625; Pub. L. 103-
160, div. B, title XXIX, Sec. 2906, Nov. 30, 1993, 107 Stat. 1920; Pub. 
L. 104-106, div. A, title XV, Sec. 1502(a)(1), div. B, title XXVIII, 
Secs. 2831(a), 2832, 2833, Feb. 10, 1996, 110 Stat. 502, 558, 559; Pub. 
L. 105-85, div. A, title III, Sec. 361(b)(2), title X, Sec. 1061(a)-
(c)(1), Nov. 18, 1997, 111 Stat. 1701, 1891; Pub. L. 105-261, div. B, 
title XXVIII, Sec. 2821, Oct. 17, 1998, 112 Stat. 2208; 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. 2812(a)-(e)], Oct. 30, 2000, 114 
Stat. 1654, 1654A-416 to 1654A-418.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2667(a)...............................  5:626s-3 (1st sentence).             Au
g. 5, 1947, ch. 493, Secs.  1, 6,
                                        10:1270 (1st sentence).               6
1 Stat. 774, 775; Sept. 28, 1951,
                                        34:522a (1st sentence).               c
h. 434. Sec.  605 (as applicable
2667(b)...............................  5:626s-3 (2d through 6th              t
o Act of Aug. 5, 1947, ch. 493,
                                         sentences).                          S
ec.  1), 65 Stat. 366.
                                        10:1270 (2d through 6th sentences).
                                        34:522a (2d through 6th sentences).
2667(c)...............................  5:626s-3 (last sentence).
                                        10:1270 (last sentence).
                                        34:522a (last sentence).
2667(d)...............................  5:626s-3 (less 1st 6 sentences).
                                        10:1270 (less 1st 6 sentences).
                                        34:522a (less 1st 6 sentences).
2667(e)...............................  5:626s-6.
                                        10:1270d.
                                        34:522e.
-------------------------------------------------------------------------------
---------------------------------

    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''.
    In subsection (a)(3), the words ``excess property, as defined by 
section 472 of title 40'' are substituted for the words ``surplus to the 
needs of the Department within the meaning of the Surplus Property Act 
of 1944 [Act of October 3, 1944 (58 Stat. 765)]'', 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.

                       References in Text

    Subsection (a)(3), referred to in subsec. (f)(1), was redesignated 
subsec. (a)(2) of this section by Pub. L. 106-398, Sec. 1 [div. B, title 
XXVIII, Sec. 2812(a)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-416.
    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (f)(1), is act June 30, 1949, ch. 288, 63 Stat. 
377, as amended. Provisions of that Act relating to management and 
disposal of Government property are classified to chapter 10 (Sec. 471 
et seq.) of Title 40, Public Buildings, Property, and Works. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40 and Tables.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (f)(4)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as 
amended, which is classified generally to chapter 55 (Sec. 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 section 4321 
of Title 42 and Tables.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(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''.
    Subsec. (b)(5). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(b)(1)], 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''.
    Subsec. (c). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(b)(3)], added subsec. (c). Former subsec. (c) redesignated 
(i).
    Subsec. (d)(1). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(c)], 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.''
    Subsec. (d)(3). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(d)(1)], 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.
    Subsec. (d)(3)(A). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(d)(2)], substituted ``report'' for ``request''.
    Subsec. (f)(4), (5). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(b)(4)], 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.''
    Subsec. (h). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(e)], 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:
        ``(1) The Defense Base Closure and Realignment Act of 1990 (part 
    A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
        ``(2) Title II of the Defense Authorization Amendments and Base 
    Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 
    note).
        ``(3) Section 2687 of this title.''
    Subsec. (i). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2812(b)(2)], redesignated subsec. (c) as (i).
    1999--Subsec. (d)(3). Pub. L. 106-65 substituted ``and the Committee 
on Armed Services'' for ``and the Committee on National Security'' in 
introductory provisions.
    1998--Subsec. (f)(1). Pub. L. 105-261 inserted ``or the Federal 
Property and Administrative Services Act of 1949 (to the extent such Act 
is inconsistent with this subsection)''.
    1997--Pub. L. 105-85, Sec. 1061(c)(1), inserted ``of military 
departments'' after ``property'' in section catchline.
    Subsec. (b)(4). Pub. L. 105-85, Sec. 1061(a), struck out ``, in the 
case of the lease of real property,'' after ``shall provide''.
    Subsec. (d)(2). Pub. L. 105-85, Sec. 361(b)(2), inserted ``or 
working capital fund'' before ``from which''.
    Subsecs. (g), (h). Pub. L. 105-85, Sec. 1061(b), added subsec. (g) 
and redesignated former subsec. (g) as (h).
    1996--Subsec. (d)(1)(A)(ii). Pub. L. 104-106, Sec. 2831(a)(1), 
inserted ``or (5)'' after ``paragraph (4)''.
    Subsec. (d)(3). Pub. L. 104-106, Sec. 1502(a)(1), 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''.
    Subsec. (d)(5). Pub. L. 104-106, Sec. 2831(a)(2), added par. (5).
    Subsec. (f)(4). Pub. L. 104-106, Sec. 2832, added par. (4).
    Subsec. (f)(5). Pub. L. 104-106, Sec. 2833, added par. (5).
    1993--Subsec. (f). Pub. L. 103-160, Sec. 2906(a), 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.''
    Subsec. (g). Pub. L. 103-160, Sec. 2906(b), added subsec. (g).
    1992--Subsec. (b)(4). Pub. L. 102-484 inserted ``, in the case of 
the lease of real property,'' after ``shall provide''.
    1991--Subsec. (b)(3). Pub. L. 102-190, Sec. 2862(a)(1), substituted 
``shall permit'' for ``must permit'' and struck out ``and'' at end.
    Subsec. (b)(4). Pub. L. 102-190, Sec. 2862(a)(2), (3), added par. 
(4) and redesignated former par. (4) as (5).
    Subsec. (b)(5). Pub. L. 102-190, Sec. 2862(a)(2), (4), redesignated 
par. (4) as (5) and inserted ``improvement,'' before ``maintenance'' and 
``the payment of'' before ``part or all''.
    Subsec. (d)(3). Pub. L. 102-190, Sec. 2862(b), 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.''
    1990--Subsec. (d). Pub. L. 101-510 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.''
    1982--Subsec. (b)(4). Pub. L. 97-295 substituted ``of'' for 
``entitled `An Act making appropriations for the Legislative Branch of 
the Government for the fiscal year ending June 30, 1933, and for other 
purposes', approved'' after ``section 321 of the Act''.
    Subsec. (d). Pub. L. 97-321 designated existing provisions as par. 
(1), substituted ``Except as provided in paragraph (2), money'' for 
``Money'', and added par. (2).
    1980--Subsec. (a)(3). Pub. L. 96-513, Sec. 511(92)(A), substituted 
``section 3 of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 472)'' for ``section 472 of title 40''.
    Subsec. (b)(4). Pub. L. 96-513, Sec. 511(92)(B), substituted 
``section 321 of the Act entitled `An act making appropriations for the 
Legislative Branch of the Government for the fiscal year ending June 30, 
1933, and for other purposes', approved June 30, 1932 (40 U.S.C. 
303b),'' for ``section 303b of title 40''.
    Subsec. (e). Pub. L. 96-513, Sec. 511(92)(C), substituted ``Act'' 
for ``act''.
    Subsec. (f). Pub. L. 96-513, Sec. 511(92)(D), substituted ``the 
Secretary'' for ``The Secretary'', and substituted ``the Administrator 
of General Services'' for ``The Administrator of the General Services 
Administration''.
    1976--Subsec. (b)(4), (5). Pub. L. 94-412 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).
    1975--Subsec. (f). Pub. L. 94-107 added subsec. (f).


                    Effective Date of 1980 Amendment

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


                            Savings Provision

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


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

    Pub. L. 96-533, title I, Sec. 109(a)-(e), Dec. 16, 1980, 94 Stat. 
3137, provided that before the Secretary of a military department 
exercised his authority under section 2667 of title 10, 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 Pub. L. 97-
113, title I, Sec. 109(d)(1), Dec. 29, 1981, 95 Stat. 1526. See section 
2795 et seq. of Title 22, Foreign Relations and Intercourse.

                  Section Referred to in Other Sections

    This section is referred to in sections 2474, 2490a, 2668, 2669, 
2814, 2878 of this title; title 16 section 670a; title 22 section 2796.
