10 U.S.C. 2667: Leases: non-excess property of military departments and Defense Agencies

2024

• Pub. L. 118–159, §2844(1), inserted ", whether or not needed for the functionality of the property or facility leased" before period at end. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (c)
• Pub. L. 118–159, §2844(2), inserted ", which may include industrial process optimization" before period at end. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (c)
• Pub. L. 118–159, §2844(3), added subpars. (G) to (I). (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (c)

2018

• Pub. L. 115–232 added par. (8). (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (b)

2017

• Pub. L. 115–91, §2835, inserted ", which shall prioritize energy resilience in the event of commercial grid outages" after "Secretary concerned". (National Defense Authorization Act for Fiscal Year 2018) Law text · (c)
• Pub. L. 115–91, §2811(e), substituted "submit, in an electronic medium pursuant to section 480 of this title, to the congressional defense committees a notice" for "provide to the congressional defense committees written notice". (National Defense Authorization Act for Fiscal Year 2018) Law text · (d)
• Pub. L. 115–91, §1081(a)(46)(A), substituted "a military museum" for "a military museum described in section 489(a) of this title". (National Defense Authorization Act for Fiscal Year 2018) Law text · (e)
• Pub. L. 115–91, §1081(a)(46)(B), substituted "shall be deposited into the Department of Defense Base Closure Account" for "before January 1, 2005, shall be deposited into the account". (National Defense Authorization Act for Fiscal Year 2018) Law text · (e)
• Pub. L. 115–91, §1081(a)(46)(C), 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 January 1, 2005, shall be de… (National Defense Authorization Act for Fiscal Year 2018) Law text · (e)
• Pub. L. 115–91, §1081(a)(47), substituted "section 8101" for "section 9101". (National Defense Authorization Act for Fiscal Year 2018) Law text · (k)

2015

• Pub. L. 114–92 added subsec. (k). (National Defense Authorization Act for Fiscal Year 2016) Law text · (k)

2014

• Pub. L. 113–291 added par. (4). (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (h)

2013

• Pub. L. 113–66, §2812(a), added cl. (vi). (National Defense Authorization Act for Fiscal Year 2014) Law text · (e)
• Pub. L. 113–66, §2812(b), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3). (National Defense Authorization Act for Fiscal Year 2014) Law text · (i), (2)
• Pub. L. 113–66, §2812(b), redesignated par. (2) as (3). Former par. (3) redesignated (4). (National Defense Authorization Act for Fiscal Year 2014) Law text · (i)
• Pub. L. 112–239 substituted "section 2687" for "section 2687(e)(1)". (National Defense Authorization Act for Fiscal Year 2013) Law text · (i)
• Pub. L. 113–66, §2812(b), redesignated pars. (3) and (4) as (4) and (5), respectively. (National Defense Authorization Act for Fiscal Year 2014) Law text · (i), (5)

2011

• Pub. L. 111–383, §2813(a), inserted before period at end ", or otherwise commit the Secretary concerned or the Department of Defense to annual payments in excess of such amount". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (b)
• Pub. L. 111–383, §2811(g)(1), struck out par. (4), which set forth reporting requirements for issuance of contract solicitations or other lease offerings with annual payments exceeding $750,000. (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (c)
• Pub. L. 111–383, §2811(g)(2), 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 … (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (d)
• Pub. L. 111–383, §1075(b)(41)(A), substituted "section 2668" for "sections 2668 and 2669". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (e)
• Pub. L. 111–383, §§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 da… (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (e)
• Pub. L. 111–383, §1075(b)(41)(B), substituted "subsection (g)" for "subsection (f)". (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (e)
• Pub. L. 111–350, 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… Law text · (g)
• Pub. L. 111–383, §2811(g)(4), 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… (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (h)

2009

• Pub. L. 111–84 substituted "law, the Secretary concerned may" for "law, the Secretary of the military department concerned may". (National Defense Authorization Act for Fiscal Year 2010) Law text · (g)

2008

• Pub. L. 110–417, §2812(f)(1), amended section catchline generally. Prior to amendment, catchline read as follows: "Leases: non-excess property of military departments". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text
• Pub. L. 110–417, §2812(a)(1), 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 natio… (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (a)
• Pub. L. 110–417, §2812(b), added par. (7). (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (b)
• Pub. L. 110–181, §2823(a), 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." (National Defense Authorization Act for Fiscal Year 2008) Law text · (c)
• Pub. L. 110–417, §2812(c), 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 e… (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (c)
• Pub. L. 110–417, §2812(d)(1)(A), substituted "Secretary concerned" for "Secretary of a military department" in introductory provisions. (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (d)
• Pub. L. 110–417, §2812(d)(1)(B), struck out "of the military department" after "Secretary" in pars. (3) and (6) and after "from the Secretary" in par. (4). (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (d), (4), (6)
• Pub. L. 110–181, §1063(c)(13), amended Pub. L. 109–364, §2831. See 2006 Amendment note below. (National Defense Authorization Act for Fiscal Year 2008) Law text · (e)
• Pub. L. 110–417, §2812(d)(2)(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". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (e)
• Pub. L. 110–417, §2812(d)(2)(B), substituted "Secretary concerned" for "Secretary of a military department". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (e)
• Pub. L. 110–181, §2823(d)(1), substituted "paragraph (3), (4), or (5)" for "paragraph (4), (5), or (6)". (National Defense Authorization Act for Fiscal Year 2008) Law text · (e)
• Pub. L. 110–417, §2812(d)(2)(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". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (e)
• Pub. L. 110–181, §2823(b), 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." (National Defense Authorization Act for Fiscal Year 2008) Law text · (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v)
• Pub. L. 110–417, §2812(d)(2)(D), substituted "established for the Secretary concerned" for "of a military department under subparagraph (A)" and inserted "or Defense Agency location" after "military installation". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (e)
• Pub. L. 110–417, §2812(d)(2)(E), substituted "military installation or Defense Agency location" for "installation". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (e)
• Pub. L. 110–417, §2812(d)(2)(F), substituted "control of the Secretary concerned" for "control of the Secretary of a military department". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (e)
• Pub. L. 110–181, §2823(d)(2), redesignated par. (4) as (3). (National Defense Authorization Act for Fiscal Year 2008) Law text · (e)
• Pub. L. 110–181, §2823(d)(2), redesignated pars. (5) and (6) as (4) and (5), respectively. (National Defense Authorization Act for Fiscal Year 2008) Law text · (e)
• Pub. L. 110–417, §2812(d)(3), 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. (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (g)
• Pub. L. 110–181, §2823(c)(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". (National Defense Authorization Act for Fiscal Year 2008) Law text · (h)
• Pub. L. 110–181, §2823(c)(2), (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 Cong… (National Defense Authorization Act for Fiscal Year 2008) Law text · (h)
• Pub. L. 110–417, §2831, added par. (5). (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (h)
• Pub. L. 110–417, §2812(a)(2), added par. (4). (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (i)

2006

• Pub. L. 109–364, §662(d)(1), inserted heading. (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (a)
• Pub. L. 109–364, §662(d)(2), inserted heading. (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (b)
• Pub. L. 109–364, §662(a), added par. (6). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (b)
• Pub. L. 109–364, §662(d)(3), inserted heading. (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (c)
• Pub. L. 109–364, §662(b), added subsec. (d). Former subsec. (d) redesignated (e). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (d)
• Pub. L. 109–364, §2831, as amended by Pub. L. 110–181, §1063(c)(13), 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 January 1, 2005," after … (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (e)
• Pub. L. 109–364, §662(d)(4), inserted heading and substituted "(g)" for "(f)" in par. (5). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (e)
• Pub. L. 109–364, §662(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (e)
• Pub. L. 109–364, §662(b)(1), (d)(5), redesignated subsec. (e) as (f) and inserted heading. Former subsec. (f) redesignated (g). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (f)
• Pub. L. 109–364, §662(b)(1), (d)(6), redesignated subsec. (f) as (g), inserted heading, and substituted "(a)(2)" for "(a)(3)" in par. (1). Former subsec. (g) redesignated (h). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (g)
• Pub. L. 109–364, §662(b)(1), (d)(7), redesignated subsec. (g) as (h) and inserted heading. Former subsec. (h) redesignated (i). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (h)
• Pub. L. 109–364, §662(b)(1), (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 section 2687(e)(1) of t… (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (i)
• Pub. L. 109–364, §662(b)(1), (d)(8), redesignated subsec. (i) as (j) and inserted heading. (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (j)

2003

• Pub. L. 108–178 struck out comma after "of title 40". Law text · (b)
• Pub. L. 108–136 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… (National Defense Authorization Act for Fiscal Year 2004) Law text · (h)

2002

• Pub. L. 107–217, §3(b)(12)(A), substituted "section 102 of title 40" for "section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472)". Law text · (a)
• Pub. L. 107–217, §3(b)(12)(B), substituted "section 1302 of title 40" for "section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)". Law text · (b)
• Pub. L. 107–314 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— (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (d)
• Pub. L. 107–217, §3(b)(12)(C), 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". Law text · (f)

2001

• Pub. L. 107–107 added par. (3). (National Defense Authorization Act for Fiscal Year 2002) Law text · (g)

2000

• Pub. L. 106–398, §1 [div. B, title XXVIII, §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". (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §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… (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (b)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §2812(b)(3)], added subsec. (c). Former subsec. (c) redesignated (i). (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (c)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §2812(c)], amended par. (1) generally. Prior to amendment, par. (1) read as follows: (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (d)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §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 Co… (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (d)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §2812(d)(2)], substituted "report" for "request". (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (d)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §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 unde… (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (f), (5)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §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: (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (h)
• Pub. L. 106–398, §1 [div. B, title XXVIII, §2812(b)(2)], redesignated subsec. (c) as (i). (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (i)

1999

• Pub. L. 106–65 substituted "and the Committee on Armed Services" for "and the Committee on National Security" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2000) Law text · (d)

1998

• 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)". (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (f)

1997

• Pub. L. 105–85, §1061(c)(1), inserted "of military departments" after "property" in section catchline. (National Defense Authorization Act for Fiscal Year 1998) Law text
• Pub. L. 105–85, §1061(a), struck out ", in the case of the lease of real property," after "shall provide". (National Defense Authorization Act for Fiscal Year 1998) Law text · (b)
• Pub. L. 105–85, §361(b)(2), inserted "or working capital fund" before "from which". (National Defense Authorization Act for Fiscal Year 1998) Law text · (d)
• Pub. L. 105–85, §1061(b), added subsec. (g) and redesignated former subsec. (g) as (h). (National Defense Authorization Act for Fiscal Year 1998) Law text · (g), (h)

1996

• Pub. L. 104–106, §2831(a)(1), inserted "or (5)" after "paragraph (4)". (National Defense Authorization Act for Fiscal Year 1996) Law text · (d)
• Pub. L. 104–106, §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". (National Defense Authorization Act for Fiscal Year 1996) Law text · (d)
• Pub. L. 104–106, §2831(a)(2), added par. (5). (National Defense Authorization Act for Fiscal Year 1996) Law text · (d)
• Pub. L. 104–106, §2832, added par. (4). (National Defense Authorization Act for Fiscal Year 1996) Law text · (f)
• Pub. L. 104–106, §2833, added par. (5). (National Defense Authorization Act for Fiscal Year 1996) Law text · (f)

1993

• Pub. L. 103–160, §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 realignmen… · (f)
• Pub. L. 103–160, §2906(b), added subsec. (g). · (g)

1992

• Pub. L. 102–484 inserted ", in the case of the lease of real property," after "shall provide". · (b)

1991

• Pub. L. 102–190, §2862(a)(1), substituted "shall permit" for "must permit" and struck out "and" at end. · (b)
• Pub. L. 102–190, §2862(a)(2), (3), added par. (4) and redesignated former par. (4) as (5). · (b)
• Pub. L. 102–190, §2862(a)(2), (4), redesignated par. (4) as (5) and inserted "improvement," before "maintenance" and "the payment of" before "part or all". · (b)
• Pub. L. 102–190, §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 au… · (d)

1990

• 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 Treasu… · (d)

1982

• 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". · (b)
• Pub. L. 97–321 designated existing provisions as par. (1), substituted "Except as provided in paragraph (2), money" for "Money", and added par. (2). · (d)

1980

• Pub. L. 96–513, §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". · (a)
• Pub. L. 96–513, §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 titl… · (b)
• Pub. L. 96–513, §511(92)(C), substituted "Act" for "act". · (e)
• Pub. L. 96–513, §511(92)(D), substituted "the Secretary" for "The Secretary", and substituted "the Administrator of General Services" for "The Administrator of the General Services Administration". · (f)

1976

• 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). · (b), (5)

1975

• Pub. L. 94–107 added subsec. (f). · (f)