§2667 Leases: non-excess property of military departments and Defense Agencies

2024—Subsec. (c)(1)(A). Pub. L. 118–159, § 2844(1), inserted “, whether or not needed for the functionality of the property or facility leased” before period at end. Subsec. (c)(1)(F). Pub. L. 118–159, § 2844(2), inserted “, which may include industrial process optimization” before period at end. Subsec. (c)(1)(G) to (I). Pub. L. 118–159, § 2844(3), added subpars. (G) to (I). 2018—Subsec. (b)(8). Pub. L. 115–232 added par. (8). 2017—Subsec. (c)(1)(D). Pub. L. 115–91, § 2835, inserted “, which shall prioritize energy resilience in the event of commercial grid outages” after “Secretary concerned”. Subsec. (d)(3). 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”. Subsec. (e)(1)(E). Pub. L. 115–91, § 1081(a)(46)(A), substituted “a military museum” for “a military museum described in section 489(a) of this title”. Subsec. (e)(4). 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”. Subsec. (e)(5). 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 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 Public Law 101–510; 10 U.S.C. 2687 note).” Subsec. (k). Pub. L. 115–91, § 1081(a)(47), substituted “section 8101” for “section 9101”. 2015—Subsec. (k). Pub. L. 114–92 added subsec. (k). 2014—Subsec. (h)(4). Pub. L. 113–291 added par. (4). 2013—Subsec. (e)(1)(C)(vi). Pub. L. 113–66, § 2812(a), added cl. (vi). Subsec. (i)(1), (2). Pub. L. 113–66, § 2812(b), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3). Subsec. (i)(3). Pub. L. 113–66, § 2812(b), redesignated par. (2) as (3). Former par. (3) redesignated (4). Pub. L. 112–239 substituted “section 2687” for “section 2687(e)(1)”. Subsec. (i)(4), (5). Pub. L. 113–66, § 2812(b), redesignated pars. (3) and (4) as (4) and (5), respectively. 2011—Subsec. (b)(7). 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”. Subsec. (c)(4). 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. Subsec. (d)(6). 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 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.” Subsec. (e)(1)(A)(ii). Pub. L. 111–383, § 1075(b)(41)(A), substituted “section 2668” for “section 2668 and 2669”. Subsec. (e)(1)(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 days after the date on which a report on the facts of the proposed expenditure is submitted to the congressional defense committees.” Subsec. (e)(5). Pub. L. 111–383, § 1075(b)(41)(B), substituted “subsection (g)” for “subsection (f)”. Subsec. (g)(1). Pub. L. 111–350, which directed substitution of “Notwithstanding subtitle I of title 40 and division C (except section 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 Pub. L. 109–364, § 662(b)(1), (d)(6). See 2006 Amendment note below. Subsec. (h)(3) to (5). 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 production leases exceeding 20 years, respectively. 2009—Subsec. (g)(1). Pub. L. 111–84 substituted “law, the Secretary concerned may” for “law, the Secretary of the military department concerned may”. 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”. Subsec. (a). 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 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 102 of title 40.” Subsec. (b)(7). Pub. L. 110–417, § 2812(b), added par. (7). Subsec. (c)(1)(D) to (F). 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.” Subsec. (c)(4). 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 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.” Subsec. (d)(2). Pub. L. 110–417, § 2812(d)(1)(A), substituted “Secretary concerned” for “Secretary of a military department” in introductory provisions. Subsec. (d)(3), (4), (6). 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). Subsec. (e). Pub. L. 110–181, § 1063(c)(13), amended Pub. L. 109–364, § 2831. See 2006 Amendment note below. Subsec. (e)(1)(A). 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”. Subsec. (e)(1)(B)(i). Pub. L. 110–417, § 2812(d)(2)(B), substituted “Secretary concerned” for “Secretary of a military department”. Subsec. (e)(1)(B)(ii). Pub. L. 110–181, § 2823(d)(1), substituted “paragraph (3), (4), or (5)” for “paragraph (4), (5), or (6)”. Subsec. (e)(1)(C). 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”. Subsec. (e)(1)(C)(ii) to (v). 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.” Subsec. (e)(1)(D). 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”. Subsec. (e)(1)(E). Pub. L. 110–417, § 2812(d)(2)(E), substituted “military installation or Defense Agency location” for “installation”. Subsec. (e)(3). Pub. L. 110–417, § 2812(d)(2)(F), 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). Subsec. (e)(4) to (6). Pub. L. 110–181, § 2823(d)(2), redesignated pars. (5) and (6) as (4) and (5), respectively. Subsec. (g)(1). 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. Subsec. (h)(1). 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”. Subsec. (h)(2) to (4). 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 Congress written notice describing the terms of the proposed lease and the competitive procedures used to select the lessee.” Subsec. (h)(5). Pub. L. 110–417, § 2831, added par. (5). Subsec. (i)(4). Pub. L. 110–417, § 2812(a)(2), added par. (4). 2006—Subsec. (a). Pub. L. 109–364, § 662(d)(1), inserted heading. Subsec. (b). Pub. L. 109–364, § 662(d)(2), inserted heading. Subsec. (b)(6). Pub. L. 109–364, § 662(a), added par. (6). Subsec. (c). Pub. L. 109–364, § 662(d)(3), inserted heading. Subsec. (d). Pub. L. 109–364, § 662(b), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). 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 “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). Subsec. (f). Pub. L. 109–364, § 662(b)(1), (d)(5), redesignated subsec. (e) as (f) and inserted heading. Former subsec. (f) redesignated (g). Subsec. (g). 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). Subsec. (h). Pub. L. 109–364, § 662(b)(1), (d)(7), redesignated subsec. (g) as (h) and inserted heading. Former subsec. (h) redesignated (i). Subsec. (i). 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 this title.” Former subsec. (i) redesignated (j). Subsec. (j). Pub. L. 109–364, § 662(b)(1), (d)(8), redesignated subsec. (i) as (j) and inserted heading. 2003—Subsec. (b)(5). Pub. L. 108–178 struck out comma after “of title 40”. Subsec. (h). 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 the Senate and House of Representatives, and struck out par. (2) which defined “base closure law” to mean section 2687 of this title, the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Pub. L. 101–510), and title II of the Defense Authorization

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, § 1 [div. B, title XXVIII, § 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, § 1061(c)(1), inserted “of military departments” after “property” in section catchline. Subsec. (b)(4). Pub. L. 105–85, § 1061(a), struck out “, in the case of the lease of real property,” after “shall provide”. Subsec. (d)(2). Pub. L. 105–85, § 361(b)(2), inserted “or working capital fund” before “from which”. Subsecs. (g), (h). Pub. L. 105–85, § 1061(b), added subsec. (g) and redesignated former subsec. (g) as (h). 1996—Subsec. (d)(1)(A)(ii). Pub. L. 104–106, § 2831(a)(1), inserted “or (5)” after “paragraph (4)”. Subsec. (d)(3). 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”. Subsec. (d)(5). Pub. L. 104–106, § 2831(a)(2), added par. (5). Subsec. (f)(4). Pub. L. 104–106, § 2832, added par. (4). Subsec. (f)(5). Pub. L. 104–106, § 2833, added par. (5). 1993—Subsec. (f). 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 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, § 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, § 2862(a)(1), substituted “shall permit” for “must permit” and struck out “and” at end. Subsec. (b)(4). Pub. L. 102–190, § 2862(a)(2), (3), added par. (4) and redesignated former par. (4) as (5). Subsec. (b)(5). 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”. Subsec. (d)(3). 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 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, § 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, § 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, § 511(92)(C), substituted “Act” for “act”. Subsec. (f). 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”. 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).

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. Lease Durations Pub. L. 117–263, div. H, title LXXXI, § 8136, Dec. 23, 2022, 136 Stat. 3722, provided that: “The Secretary shall issue guidance on the circumstances under which a lease under section 2667 of title 10, United States Code, or section 4 of the Act of

December 22, 1944 (16 U.S.C. 460d), with a term in excess of 25 years is appropriate and in the public interest.” Temporary Installation Reutilization Authority for Arsenals, Depots, and Plants Pub. L. 115–91, div. A, title III, § 345, Dec. 12, 2017, 131 Stat. 1363, as amended by Pub. L. 116–92, div. A, title III, § 354, Dec. 20, 2019, 133 Stat. 1321, provided that: “(a) Modified Authority.—In the case of a military manufacturing arsenal, depot, or plant, the Secretary of the Army may authorize up to 10 leases and contracts per fiscal year under section 2667 of title 10, United States Code, for a term of up to 25 years, notwithstanding subsection (b)(1) of such section, if the Secretary determines that a lease or contract of that duration will promote the national defense for the purpose of—“(1) helping to maintain the viability of the military manufacturing arsenal, depot, or plant and any military installations on which it is located; “(2) eliminating, or at least reducing, the cost of Government ownership of the military manufacturing arsenal, depot, or plant, including the costs of operations and maintenance, the costs of environmental remediation, and other costs; and “(3) leveraging private investment at the military manufacturing arsenal, depot, or plant through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the preceding purposes. “(b) Delegation and Review Process.—“(1) In general.—The Secretary of the Army may delegate the authority provided by this section to the commander of the major subordinate command of the Army that has responsibility for the military manufacturing arsenal, depot, or plant or, if part of a larger military installation, the installation as a whole. The commander may approve a lease or contract under such authority on a case-by-case basis or a class basis. “(2) Notice of approval.—Upon any approval of a lease or contract by a commander pursuant to a delegation of authority under paragraph (1), the commander shall notify the Chief of the Army Corps of Engineers and Congress of the approval. “(3) Review period.—Any lease or contract that is approved utilizing the delegation authority under paragraph (1) is subject to a 90-day hold period so that the Chief of the Army Corps of Engineers may review the lease or contract pursuant to paragraph (4). “(4) Disposition of review.—If the Chief of the Army Corps of Engineers disapproves of a contract or lease submitted for review under paragraph (3), the agreement shall be null and void upon transmittal by the Chief of the Army Corps of Engineers to the delegating authority of a written disapproval, including a justification for such disapproval, within the 90-day hold period. If no such disapproval is transmitted within the 90-day hold period, the agreement shall be deemed approved. “(5) Approval of revised agreement.—If, not later than 60 days after receiving a disapproval under paragraph (4), the delegating authority submits to the Chief of the Army Corps of Engineers a new contract or lease that addresses the concerns of the Chief of the Army Corps of Engineers outlined in such disapproval, the new contract or lease shall be deemed approved unless the Chief of the Army Corps of Engineers transmits to the delegating authority a disapproval of the new contract or lease within 30 days of such submission. “(c) Military Manufacturing Arsenal, Depot, or Plant Defined.—In this section, the term ‘military manufacturing arsenal, depot, or plant’ means a Government-owned, Government-operated defense plant of the Army that manufactures weapons, weapon components, or both. “(d) Sunset.—The authority under this section shall terminate at the close of

September 30, 2025. Any contracts entered into on or before such date shall continue in effect according to their terms.” Transfers From Special Accounts Pub. L. 108–287, title VIII, § 8034, Aug. 5, 2004, 118 Stat. 978, provided that: “Amounts deposited during the current fiscal year and hereafter to the special account established under 40 U.S.C. 572(b)(5)(A) and to the special account established under 10 U.S.C. 2667(d)(1) [now 2667(e)(1)] are appropriated and shall be available until transferred by the Secretary of Defense to current applicable appropriations or funds of the Department of Defense under the terms and conditions specified by 40 U.S.C. 572(b)(5)(B) and 10 U.S.C. 2667(d)(1)(B) [now 2667(e)(1)(B)], to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–87, title VIII, § 8035, Sept. 30, 2003, 117 Stat. 1080. Pub. L. 107–248, title VIII, § 8035, Oct. 23, 2002, 116 Stat. 1544. Pub. L. 107–117, div. A, title VIII, § 8038, Jan. 10, 2002, 115 Stat. 2255. Pub. L. 106–259, title VIII, § 8038, Aug. 9, 2000, 114 Stat. 682. Pub. L. 106–79, title VIII, § 8040, Oct. 25, 1999, 113 Stat. 1239. Pub. L. 105–262, title VIII, § 8040, Oct. 17, 1998, 112 Stat. 2306. Pub. L. 105–56, title VIII, § 8044, Oct. 8, 1997, 111 Stat. 1230. Pub. L. 104–61, title VIII, § 8056, Dec. 1, 1995, 109 Stat. 663. Pub. L. 103–335, title VIII, § 8063, Sept. 30, 1994, 108 Stat. 2634. Pub. L. 103–139, title VIII, § 8074, Nov. 11, 1993, 107 Stat. 1457. Pub. L. 102–396, title IX, § 9107, Oct. 6, 1992, 106 Stat. 1927. Leasing of Defense Property; Notification of Congress; Waiver; Report to Congress; Definition Pub. L. 96–533, title I, § 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, § 109(d)(1), Dec. 29, 1981, 95 Stat. 1526. See section 2795 et seq. of Title 22, Foreign Relations and Intercourse.