Title 10 — Armed ForcesRelease 119-73
§2682 Facilities for defense agencies
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 159— - REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-EXCESS PROPERTY › § 2682
Summary
The Secretary of Defense must pick a military department to handle upkeep, repairs, and control of buildings or property used by DoD activities that are not military departments, when those properties are paid for with military-function funds. The Secretary may skip that rule if needed to protect security for approved intelligence collection or special operations abroad. If the Secretary uses that waiver for any such facility, he or she must send an electronic notice under section 480 within 48 hours to the proper congressional committees saying why and giving a cost estimate. For special operations, the notice goes to the congressional defense committees. For intelligence collection, it goes to the congressional defense committees and to the Senate and House intelligence committees. The waiver authority ended on December 31, 2020.
Full Legal Text
Title 10, §2682
Armed Forces — Source: USLM XML via OLRC
(a)Subject to subsection (c), the maintenance and repair of a real property facility for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense will be accomplished by or through a military department designated by the Secretary of Defense.
(b)Subject to subsection (c), a real property facility under the jurisdiction of the Department of Defense which is used by an activity or agency of the Department of Defense (other than a military department) shall be under the jurisdiction of a military department designated by the Secretary of Defense.
(c)(1)The Secretary of Defense may waive the requirements of subsections (a) and (b) if necessary to provide security for authorized intelligence collection or special operations activities abroad undertaken by the Department of Defense.
(2)Not later than 48 hours after using the waiver authority under paragraph (1) for any facility for intelligence collection conducted under the authorities of the Department of Defense or special operations activity, the Secretary of Defense shall submit, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a notice of the use of the authority, including the justification for the waiver and the estimated cost of the project for which the waiver applies.
(3)In this subsection, the term “appropriate congressional committees” means the following:
(A)With respect to a waiver regarding special operations activities, the congressional defense committees.
(B)With respect to a waiver regarding intelligence collection conducted under the authorities of the Department of Defense—
(i)the congressional defense committees; and
(ii)the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
(4)The waiver authority provided by paragraph (1) expires December 31, 2020.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2017—Subsec. (c)(2). Pub. L. 115–91 substituted “, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a notice” for “to the appropriate congressional committees written notification”. 2015—Subsecs. (a), (b). Pub. L. 114–92, § 1632(b)(2), repealed Pub. L. 112–81, § 926(b). See 2011 Amendment notes below. Subsec. (c). Pub. L. 114–92, § 1632(b)(2), repealed Pub. L. 112–81, § 926(b). See 2011 Amendment note below. Pub. L. 114–92, § 1632(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (c)(4). Pub. L. 114–92, § 1632(b)(1), added par. (4). 2011—Pub. L. 112–81, § 926(a)(1), (2), designated first and second sentences as subsecs. (a) and (b), respectively, inserted headings, and realigned margins of subsec. (b). Subsec. (a). Pub. L. 112–81, § 926(b)(1), which directed the substitution of “The maintenance and repair” for “Subject to subsection (c), the maintenance and repair”, subject to
Effective Date
set out in
Effective Date
of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(1), substituted “Subject to subsection (c), the maintenance and repair” for “The maintenance and repair”. Subsec. (b). Pub. L. 112–81, § 926(b)(2), which directed the substitution of “A real property” for “Subject to subsection (c), a real property”, subject to
Effective Date
set out in
Effective Date
of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(3), substituted “Subject to subsection (c), a real property” for “A real property”. Subsec. (c). Pub. L. 112–81, § 926(b)(3), which directed the striking out of subsec. (c), subject to
Effective Date
set out in
Effective Date
of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(4), added subsec. (c). 1982—Pub. L. 97–214 substituted “maintenance and repair” for “
Construction
, maintenance, rehabilitation, repair, alteration, addition, expansion, or extension”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2011 Amendment Pub. L. 112–81, div. A, title IX, § 926(b), Dec. 31, 2011, 125 Stat. 1541, as amended by Pub. L. 113–291, div. A, title XVI, § 1624, Dec. 19, 2014, 128 Stat. 3633, which provided in part that the
Amendments
made to this section by section 926(b) were to be effective on the later of Sept. 30, 2017, or the date of the enactment of an Act authorizing funds for military
Construction
for fiscal year 2018, was repealed by Pub. L. 114–92, div. A, title XVI, § 1632(b)(2), Nov. 25, 2015, 129 Stat. 1112.
Effective Date
of 1982 AmendmentAmendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military
Construction
projects, and to
Construction
and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an
Effective Date
note under section 2801 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 2682
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73