§ 2661. Miscellaneous administrative provisions relating to real property

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Pub. L. 100–370 § 1 · 102 Stat. 840

   Enacted · 10 U.S.C. § 2661

   Added Pub. L. 100–370, § 1(l)(3), July 19, 1988, 102 Stat. 849

   Source evidence

   Code source credit
   Added Pub. L. 100–370, § 1(l)(3), July 19, 1988, 102 Stat. 849

   Enacted provision · exact public law section
   SECTION 1. CODIFICATION OF CERTAIN PERMANENT PROVISIONS OF LAW IN TITLE 10, UNITED STATES CODE. (a) Enlistment Qualifications.— (1) Section 520(b) of title 10, United States Code, is amended by striking out the period at the end and inserting in lieu thereof the following: “; however, a person may not be denied enlistment in the armed forces solely because of his not having a high school diploma if his enlistment is needed to meet established strength requirements.”. (2) Section 3262 of title 10, United States Code, is amended by striking out “Of” and inserting in lieu thereof “Notwithstanding section 520(b) of this title, of”. (3) Section 401 of the Department of Defense Supplemental 10 USC 520 note. Appropriation Authorization Act, 1974 (Public Law 93–307; 88 Stat. 234), is repealed. (b) Cap on Number of General and Flag Officers on Active Duty.— (1) Chapter 32 of title 10, United States Code, is amended— (A) by redesignating section 526 as section 527; and (B) by inserting after section 525 the following new section 526: “§ 526. Authorized strength: general and flag officers on active duty “The total number of general officers on active duty in the Army, Air Force, and Marine Corps and flag officers on active duty in the Navy may not exceed 1,073”. (2) (A) Section 527 (as redesignated by paragraph (1)(A)) is amended by striking out “or 525” and inserting in lieu thereof “525, or 526”. (B) The heading of such section is amended to read as follows: “§ 527. Authority to suspend sections 523, 524, 525, and 526”. (3) The table of sections at the beginning of such chapter is amended by striking out the item relating to section 526 and inserting in lieu thereof the following: “526. Authorized strength: general and flag officers on active duty. “527. Authority to suspend sections 523, 524, 525, and 526.”. (4) Section 811(a) of the Department of Defense Appropriation Authorization Act, 1978 (10 U.S.C. 523 note), is repealed. (c) Commissary and Exchange Eligibility.— (1) Part II of subtitle A of title 10, United States Code, is amended by inserting after chapter 53 the following new chapter: “CHAPTER 54— COMMISSARY AND EXCHANGE BENEFITS “Sec. “1061. Survivors of certain Reserve and Guard members. “1062. Certain former spouses. “1063. Period for use of commissary stores: eligibility attributable to active duty for training. “§ 1061. Survivors of certain Reserve and Guard members “(a) Benefits.— The Secretary of Defense shall prescribe regulations Regulations. to allow dependents of members of the uniformed services described in subsection (b) to use commissary and exchange stores on the same basis as dependents of members of the uniformed services who die while on active duty for a period of more than 30 days. “(b) Covered Dependents.— A dependent referred to in subsection (a) is a dependent of a member of a uniformed service who died— “(1) while on active duty, active duty for training, or inactive-duty training (regardless of the period of such duty); or “(2) while traveling to or from the place at which the member was to perform, or has performed, active duty, active duty for training, or inactive-duty training (regardless of the period of such duty). “§ 1062. Certain former spouses “The Secretary of Defense shall prescribe such regulations as may Regulations. be necessary to provide that an unremarried former spouse described in subparagraph (F)(i) of section 1072(2) of this title is entitled to commissary and exchange privileges to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services.”. (2) (A) Section 1052 of such title is transferred to the end of chapter 54 of such title (as added by paragraph (1)) and redesignated as section 1063. (B) The table of sections at the beginning of chapter 53 of such title is amended by striking out the item relating to such section 1052. (3) The tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, of such title are each amended by inserting after the item relating to chapter 53 the following new item: “54. Commissary and Exchange Benefits (4) Section 308 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 99 Stat. 618), is repealed. 10 USC 1052. (5) Section 1005 of the Uniformed Services Former Spouses’ Protection Act (10 U.S.C. 1408 note) is repealed. (d) Financial Management.— (1) (A) Chapter 131 of title 10, United States Code, is amended by inserting before section 2202 the following new section: “§ 2201. Apportionment of funds: authority for exemption; excepted expenses “(a) Exemption From Apportionment Requirement.— If the Contracts. President determines such action to be necessary in the interest of national defense, the President may exempt from the provisions of section 1512 of title 31 appropriations, funds, and contract authorizations available for military functions of the Department of Defense. “(b) Airborne Alerts.— Upon a determination by the President that such action is necessary, the Secretary of Defense may provide for the cost of an airborne alert as an excepted expense under section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)). “(c) Members on Active Duty.— Upon a determination by the President that it is necessary to increase (subject to limits imposed by law) the number of members of the armed forces on active duty beyond the number for which funds are provided in appropriation Acts for the Department of Defense, the Secretary of Defense may provide for the cost of such additional members as an excepted expense under section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)). “(d) Notification to Congress.— The Secretary of Defense— “(1) shall immediately notify Congress of the use of any authority under this section; and “(2) shall submit monthly reports to Congress on the estimated obligations incurred pursuant to subsections (b) and (c).”. (B) Section 8009 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99–190 (99 Stat. 10 USC 114 note. 1204)), is repealed. (2) (A) Chapter 131 of title 10, United States Code, is further amended by inserting after section 2211 the following new section: “§ 2212. Contracted advisory and assistance services: accounting procedures “(a) Accounting Procedure.— The Secretary of Defense shall require that there be maintained within each military department an accounting procedure to aid in the identification and control of expenditures for services identified as contracted advisory and assistance services. “(b) Regulations to Identify Contracted Advisory and Assistance Services.— (1) The Secretary shall prescribe regulations which specifically describe— “(A) those services which the Department of Defense considers to be contracted advisory and assistance services; and “(B) of those services, which services are carried out in direct support of a weapons system and are essential to the development, production, or maintenance of the system. “(2) In prescribing regulations under paragraph (1), the Secretary shall consider the following areas: “(A) Management and professional services. “(B) Special studies and analyses. “(C) Management and support services for research and development activities. “(D) Training. “(E) Management review of program funded organizations. “(F) Public relations. “(G) Other consulting services. “(H) Engineering development and operational systems development related to research and development activities and production activities. “(I) Technical assistance. “(J) Technical representation. “(K) Quality control, testing, and inspection services. “(L) Specialized medical services. “(M) Architectural and engineering services, other than in connection with construction. “(N) Technical and management assistance for weapons systems management and review. “(c) Congressional Budget Documents.— Budget documents presented to Congress in support of the budget for the Department of Defense for any fiscal year— “(1) shall identify the total amount requested for contracted advisory and assistance services (as defined under regulations prescribed under subsection (b)); “(2) shall identify the amount requested for each category of such services established by regulations prescribed under subsection (b); and “(3) within each such category, shall separately set forth amounts for such services described in subsection (b)(1)(B).”. (B) Section 918 of the Defense Procurement Improvement Act of 1985 (title IX of Public Law 99–145) is repealed. 10 USC 2304 note. (3) (A) Chapter 131 of title 10, United States Code, is further amended by adding at the end the following new section: “§ 2217. Comparable budgeting for common procurement weapon systems “(a) Matters To Be Included in Annual Defense Budgets.— In preparing the defense budget for any fiscal year, the Secretary of Defense shall— “(1) specifically identify each common procurement weapon system included in the budget; “(2) take all feasible steps to minimize variations in procurement unit costs for any such system as shown in the budget requests of the different armed forces requesting procurement funds for the system; and “(3) identify and justify in the budget all such variations in procurement unit costs for common procurement weapon systems. “(b) Comptroller.— The Secretary shall carry out this section through the Comptroller of the Department of Defense. “(c) Definitions.— In this section: “(1) The term ‘defense budget’ means the budget of the Department of Defense included in the President’s budget submitted to Congress under section 1105 of title 31 for a fiscal year. “(2) The term ‘common procurement weapon system’ means a weapon system for which two or more of the Army, Navy, Air Force, and Marine Corps request procurement funds in a defense budget.”. (B) Section 955 of the Defense Acquisition Improvement Act of 1986 is repealed. 10 USC 113 note. (4) The table of sections at the beginning of chapter 131 of title 10 United States Code, is amended— (A) by inserting before the item relating to section 2202 the following new item: “2201. Apportionment of funds: authority for exemption; excepted expenses.”; (B) by inserting after the item relating to section 2211 the following new item: “2212. Contracted advisory and assistance services: accounting procedures.”; (C) by adding at the end the following new item: “2217. Comparable budgeting for common procurement weapon systems.”; (e) Miscellaneous Administrative Provisions.— (1) Subtitle A of title 10, United States Code, is amended by inserting after chapter 133 the following new chapter: “CHAPTER 134— MISCELLANEOUS ADMINISTRATIVE PROVISIONS “Subchapter “I. Miscellaneous Authorities, Prohibitions, and Limitations on the Use of Appropriated Funds “II. Miscellaneous Administrative Authority “SUBCHAPTER I— MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS “Sec. “2241. Availability of appropriations for certain purposes. “2242. Authority to use appropriated funds for certain investigations and security services. “§ 2241. Availability of appropriations for certain purposes “(a) Operation and Maintenance Appropriations.— Amounts appropriated to the Department of Defense for operation and maintenance of the active forces may be used for the following purposes: “(1) Morale, welfare, and recreation. “(2) Modification of personal property. “(3) Design of vessels. “(4) Industrial mobilization. “(5) Military communications facilities on merchant vessels. “(6) Acquisition of services, special clothing, supplies, and equipment. “(7) Expenses for the Reserve Officers’ Training Corps and other units at educational institutions. “(b) Necessary Expenses.— Amounts appropriated to the Department of Defense may be used for all necessary expenses, at the seat of the Government or elsewhere, in connection with communication and other services and supplies that may be necessary for the national defense. “§ 2242. Authority to use appropriated funds for certain investigations and security services “The Secretary of Defense and the Secretary of each military department may— “(1) pay in advance for the expenses of conducting investigations in foreign countries incident to matters relating to the Department of Defense, to the extent such expenses are determined by the investigating officer to be necessary and in accord with local custom; “(2) pay expenses incurred in connection with the administration of occupied areas; “(3) pay expenses of military courts, boards, and commissions; and “(4) reimburse the Administrator of General Services for Classified information. security guard services furnished by the Administrator to the Department of Defense for the protection of confidential files. “SUBCHAPTER II— MISCELLANEOUS ADMINISTRATIVE AUTHORITY “Sec. “2251. Household furnishings and other property: personnel outside the United States or in Alaska or Hawaii. “2252. Rewards: missing property. “2253. Motor vehicles. “§ 2251. Household furnishings and other property: personnel outside the United States or in Alaska or Hawaii “(a) In General.— Subject to subsection (b), the Secretary of the military department concerned may— “(1) purchase household furnishings and automobiles from members of the armed forces and civilian employees of the Department of Defense on duty outside the United States or in Hawaii for resale at cost to incoming personnel; and “(2) provide household furnishings, without charge, in other than public quarters occupied by members of the armed forces or civilian employees of the Department of Defense who are on duty outside the United States or in Alaska or Hawaii. “(b) Required Determination.— The authority provided in subsection (a) may be used only when it is determined, under regulations approved by the Secretary of Defense, that the use of that authority would be advantageous to the United States. “§ 2252. Rewards: missing property “The Secretary of Defense and the Secretary of each military department may pay a reward of not more than $500 in any case for information leading to the discovery of missing property under the jurisdiction of that Secretary or leading to the recovery of such property. “§ 2253. Motor vehicles “(a) General Authorities.— The Secretary of Defense and the Secretary of each military department may— “(1) provide for insurance of official motor vehicles in a Insurance. foreign country when the laws of such country require such insurance; and “(2) purchase right-hand drive vehicles at a cost of not more than $12,000 each. “(b) Hire of Passenger Vehicles.— Amounts appropriated to the Department of Defense for operation and maintenance of the active forces may be used for the hire of passenger motor vehicles.”. (2) The tables of chapters at the beginning of subtitle A, and at the beginning of part IV of subtitle A, of such title are each amended by inserting after the item relating to chapter 133 the following new item: “134. Miscellaneous Administrative Provisions (3) (A) Section 7209 of such title is repealed. (B) The table of sections at the beginning of chapter 631 of such title is amended by striking out the item relating to section 7209. (f) Procurement Generally.— (1) (A) Section 2307 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) (1) The Secretary of Defense shall ensure that any payment for work in progress (including materials, labor, and other items) under a defense contract that provides for such payments is commensurate with the work, which meets standards of quality established under the contract, that has been accomplished. “(2) The Secretary shall ensure that progress payments referred to in paragraph (1) are not made for more than 80 percent of the work accomplished under a defense contract so long as the Secretary has not made the contractual terms, specifications, and price definite. “(3) This subsection does not apply to contracts for amounts less than the maximum amount for small purchases specified in section 2304(g)(2) of this title.”. (B) Section 916 of the Defense Procurement Improvement Act of 10 USC 2307 note. 1985 (title IX of Public Law 99–145; 99 Stat. 688) is repealed. (2) (A) Section 2324(e)(1) of such title (as amended by section 805 of Public Law 100–180) is amended by adding at the end the following new subparagraph: “(L) Costs of commercial insurance that protects against the costs of the contractor for correction of the contractor’s own defects in materials or workmanship.”. (B) Section 2399 of such title is repealed. (3) (A) Section 2324 of such title is further amended— (i) by redesignating subsections (j) and (k) as subsections (k) and (1), respectively; and (ii) by inserting after subsection (i) the following new subsection (j): “(j) In a proceeding before the Armed Services Board of Contract Appeals, the United States Claims Court, or any other Federal court in which the reasonableness of indirect costs for which a contractor seeks reimbursement from the Department of Defense is in issue, the burden of proof shall be upon the contractor to establish that those costs are reasonable.”. (B) Section 933 of the Defense Procurement Improvement Act of 10 USC 2324 note. 1985 (title IX of Public Law 99–145; 99 Stat. 700) is repealed. (g) Research and Development.— (1) Section 2361 of title 10, United States Code, is transferred within chapter 139 to appear immediately before section 2352, redesignated as section 2351, and amended— (A) by inserting “(a)” before “Funds”; and (B) by adding at the end the following new subsection: “(b) Funds appropriated to the Department of Defense for research and development may be used— “(1) for the purposes of section 2353 of this title; and “(2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Department of Defense.”. (2) Section 8015 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99–190 (99 Stat. 10 USC 2353 note. 1205)), is repealed. (3) Section 2358 of title 10, United States Code, is amended— (A) by inserting “(a) In General.—”before “Subject to approval” in the first sentence; (B) by striking out “or his designee” both places it appears; and (C) by adding at the end the following new subsection: “(b) Requirement of Potential Military Relationship.— Funds appropriated to the Department of Defense may not be used to finance any research project or study unless the project or study has, in the opinion of the Secretary of Defense, a potential relationship to a military function or operation.”. (4) The table of sections at the beginning of chapter 139 of title 10, United States Code, is amended— (A) by inserting before the item relating to section 2352 the following new item: “2351. Availability of appropriations.”; and (B) by striking out the item relating to section 2361. (5) Section 204 of Public Law 91–441 (10 U.S.C. 2358 note) is repealed. (h) Miscellaneous Procurement Provisions.— (1) (A) Section 2389 of title 10, United States Code, is amended— (i) by inserting “(a)” before “Under regulations”; and (ii) by adding at the end the following new subsection: “(b) (1) Funds appropriated to the Department of Defense may be Dairy products. used to purchase for enlisted members milk made available to the Department of Defense under section 202 of the Agricultural Act of 1949 (7 U.S.C. 1446a). “(2) The cost of milk so purchased (as determined by the Secretary of Defense) shall be included in the value of the commuted ration of enlisted members.”. (B) The heading of such section is amended to read, as follows: “§2389. Contracts for the procurement of milk: price adjustments; purchases from the Commodity Credit Corporation”. (2) Chapter 141 of such title is amended by adding at the end the following new sections: “§ 2410. Contract claims: certification “A contract claim, request for equitable adjustment to contract terms, request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.), or other similar request by a contractor that exceeds $100,000 may not be paid unless a senior official of the contractor in charge at the plant or location involved certifies at the time the claim or request is submitted that— “(1) the claim or request is made in good faith; and “(2) all supporting data submitted in connection with the claim or request are accurate and complete to the best of such official’s knowledge and belief. “§ 2410a. Appropriated funds: availability for certain contracts for 12 months “Funds appropriated to the Department of Defense for a fiscal year shall be available for payments under contracts for any of the following purposes for 12 months beginning at any time during the fiscal year: “(1) The maintenance of tools and facilities. “(2) The lease of real or personal property, including the Real property. maintenance of such property when contracted for as part of the lease agreement. “(3) Depot maintenance.”. (3) The table of sections at the beginning of such chapter is amended— (A) by striking out the item relating to section 2389 and inserting in lieu thereof the following: “2389. Contracts for the procurement of milk: price adjustments; purchases from the Commodity Credit Corporation.”; (B) by striking out the item relating to section 2399; and (C) by adding at the end the following new items: “2410. Contract claims: certification. “2410a. Appropriated funds: availability for certain contracts for 12 months.”; (i) Oversight of Major Programs.— (1) Section 2435 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Stability of Program Managers.— (1) The tour of duty of an officer of the armed forces as a program manager of a major defense acquisition program shall be (A) not less than four years, or (B) until completion of a major program milestone (as defined in regulations prescribed by the Secretary of Defense). “(2) The Secretary of the military department concerned may waive the length of the tour of duty prescribed in paragraph (1). The authority under the preceding sentence may not be delegated.”. (2) Section 1243 of the Defense Procurement Reform Act of 1984 10 USC 2432 note. (title XII of Public Law 98–525; 98 Stat. 2609) is repealed. (j) Utilities and Services.— (1) Chapter 147 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2490. Utility services: furnishing for certain buildings “Appropriations for the Department of Defense may be used for utility services for— “(1) buildings constructed at private cost, as authorized by law; and “(2) buildings on military reservations authorized by regulation to be used for morale, welfare, and recreational purposes.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “§2490. Utility services: furnishing for certain buildings.”. (k) Interdepartmental Transfer of Vessels.— (1) Chapter 153 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2578. Vessels: transfer between departments “A vessel under the jurisdiction of a military department may be transferred or otherwise made available without reimbursement to another military department or to the Department of Transportation, and a vessel under the jurisdiction of the Department of Transportation may be transferred or otherwise made available without reimbursement to a military department. Any such transfer may be made only upon the request of the Secretary of the military department concerned or the Secretary of Transportation, as the case may be, and with the approval of the Secretary of the department having jurisdiction of the vessel.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2578. Vessels: transfer between departments.”;. (3) Section 8012 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99–190 (40 U.S.C 483a)), is repealed. (l) Real Property.— (1) Chapter 159 of title 10, United States Code, is amended by inserting after section 2672a the following new section: “§ 2673. Acquisition of certain interests in land: availability of funds “Appropriations available to the Department of Defense for maintenance or construction may be used for the acquisition of land or interests in land under section 2672 of this title and for the acquisition of interests in land under section 2675 of this title.”. (2) Section 2828 of such title is amended by adding at the end the following new subsection: “(h) Appropriations available to the Department of Defense for maintenance or construction may be used for the acquisition of interests in land under this section.”. (3) Chapter 159 of such title is further amended by inserting after the table of sections the following new section: “§ 2661. Miscellaneous administrative provisions relating to real property “(a) Appropriations for operation and maintenance of the active forces shall be available for the following: “(1) The repair of facilities. “(2) The installation of equipment in public and private plants. “(b) The Secretary of Defense and the Secretary of each military department may provide for the following: “(1) The leasing of buildings and facilities (including the Contracts. payment of rentals for special purpose space at the seat of Government). Rental for such leases may be paid in advance in connection with— “(A) the conduct of field exercises and maneuvers; and “(B) the administration of the Act of July 9, 1942 (43 U.S.C. 315q). “(2) The maintenance of defense access roads which are certified Highways. to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23.”. (4) The table of sections at the beginning of such chapter is amended— (A) by inserting before the item relating to section 2662 the following new item: “2661. Miscellaneous administrative provisions relating to real property.”; and (B) by inserting after the item relating to section 2672a the following new item: “2673. Acquisition of certain interests in land: availability of funds.”; (m) Accountability and Responsibility.— (1) Chapter 165 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2781. Availability of appropriations: exchange fees; losses in accounts “Amounts appropriated to the Department of Defense may be used for— “(1) exchange fees; and “(2) losses in the accounts of disbursing officials and agents in accordance with law.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2781. Availability of appropriations: exchange fees; losses in accounts.”. (n) Ship Overhaul Work.— (1) Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section: “§7313. Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work “(a) Unusual Cost Overruns.— (1) Appropriations available to the Department of Defense for a fiscal year may be used for payment of unusual cost overruns incident to ship overhaul, maintenance, and repair for a vessel inducted into an industrial-fund activity or contracted for during a prior fiscal year. “(2) The Secretary of Defense shall notify Congress promptly before an obligation is incurred for any payment under paragraph “(b) Changes in Scope of Work.— An appropriation available to the Department of Defense for a fiscal year may be used after the otherwise-applicable expiration of the availability for obligation of that appropriation— “(1) for payments to an industrial-fund activity for amounts required because of changes in the scope of work for ship overhaul, maintenance, and repair, in the case of work inducted into the industrial-fund activity during the fiscal year; and “(2) for payments under a contract for amounts required because of changes in the scope of work, in the case of a contract entered into during the fiscal year for ship overhaul, maintenance, and repair.”. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “7313. Ship overhaul work: availability of appropriations for unusual cost overruns and for changes in scope of work.”. (o) Annual Report on Stationing Forces Overseas.— (1) Section 113 of title 10, United States Code (as amended by section 1214 of Public Law 100–180), is amended by adding at the end the following new subsection: “(k) (1) Not later than April 8 of each year, the Secretary of Defense shall submit to the Committees on Armed Services and Committees on Appropriations of the Senate and House of Representatives a report on the cost of stationing United States forces outside of the United States. Each such report shall include a detailed statement of the following: “(A) Costs incurred in the United States and costs incurred outside the United States in connection with the stationing of United States forces outside the United States. “(B) The costs incurred outside the United States in connection with operating, maintaining, and supporting United States forces outside the United States, including all direct and indirect expenditures of United States funds in connection with such stationing. “(C) The effect of such expenditures outside the United States on the balance of payments of the United States. “(2) Each report under this subsection shall be prepared in consultation with the Secretary of Commerce. “(3) In this subsection, the term ‘United States’, when used in a geographic sense, includes the territories and possessions of the United States.”. (2) Section 8042 of the Department of Defense Appropriations Act, 1988 (as contained in section 101(b) of Public Law 100–202 (101 Stat. 1329–69)), is repealed. 10 USC 113 note. (p) General Repeals.— The following provisions of law are repealed: (1) Sections 705, 707, 723, 728, and 735 of the Department of Defense Appropriation Act, 1984 (Public Law 98–212; 97 Stat. 1437 et seq.). 10 USC 114 note. (2) Section 8078 of the Department of Defense Appropriations Act, 1985 (as contained in section 101(h) of Public Law 98–473 (98 Stat. 1938)). 10 USC 2304 note. (3) Sections 8005 and 8006 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99–190 (99 Stat. 1185)). 10 USC 114 note. (4) Section 813 of the Department of Defense Appropriation Authorization Act, 1979 (Public Law 95–485; 92 Stat. 1624). 10 USC 2304 note.

2. 2004

   Military Construction Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 2821(e)(1) · 118 Stat. 1811

   Inserted · 10 U.S.C. § 2661(a); 10 U.S.C. § 2661(b)

   Pub. L. 108–375, § 2821(e)(1), inserted headings

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 108–375, § 2821(e)(1), inserted headings.

   Enacted provision · exact public law section
   (1) Section 2661 of such title is further amended— (A) in subsection (a), by inserting “Availability of Operation and Maintenance Funds.—” after “(a)”; and (B) in subsection (b), by inserting “Leasing and Road Maintenance Authority.—” after “(b)”.

3. 2004

   Military Construction Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 2821(a)(1) · 118 Stat. 1811

   Added · 10 U.S.C. § 2661(c)

   Pub. L. 108–375, § 2821(a)(1), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–375, § 2821(a)(1), added subsec. (c).

   Enacted provision · exact public law section
   (1) Section 2661 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) Commissions on Land Purchase Contracts.— The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.” .

4. 2006

   Military Construction Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 2821(d) · 119 Stat. 3136

   Redesignated · 10 U.S.C. § 2661(c)

   Pub. L. 109–163, § 2821(d), redesignated subsec. (c) as section 2664(b) of this title

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–163, § 2821(d), redesignated subsec. (c) as section 2664(b) of this title.

   Enacted provision · exact public law section
   (d) Inclusion of Limitation on Land Acquisition Commissions.— Subsection (c) of section 2661 of such title is transferred to section 2664 of such title, as redesignated by subsection (c)(2), is inserted after subsection (a) of such redesignated section, and is redesignated as subsection (b).

5. 2006

   Military Construction Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 2821(e) · 119 Stat. 3136

   Added · 10 U.S.C. § 2661(d)

   Pub. L. 109–163, § 2821(e), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 109–163, § 2821(e), added subsec. (d).

   Enacted provision · exact public law section
   (e) Application of Real Property Management Authorities to Pentagon Reservation.— Section 2661 of such title is amended by adding at the end the following new subsection: “(d) Treatment of Pentagon Reservation.— In this chapter, the terms ‘Secretary concerned’ and ‘Secretary of a military department’ include the Secretary of Defense with respect to the Pentagon Reservation.” .

6. 2011

   Military Construction Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. B title XXVIII § 2863(a) · 125 Stat. 1298

   Added · 10 U.S.C. § 2661(c)

   Pub. L. 112–81 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 112–81 added subsec. (c).

   Enacted provision · exact public law section
   (a) Prohibition.— Section 2661 of title 10, United States Code, is amended by inserting after subsection (b) the following new subsection: “(c) Prohibition on Naming Department of Defense Real Property After Member of Congress.— (1) Real property under the jurisdiction of the Secretary of Defense or the Secretary of a military department may not be named after, or otherwise officially identified by the name of, any individual who is a Member of Congress at the time the property is so named or identified. “(2) In this subsection: “(A) The term ‘Member of Congress’ includes a Delegate or Resident Commissioner to the Congress. “(B) The term ‘real property’ includes structures, buildings, or other infrastructure of a military installation, roadways and defense access roads, and any other area on the grounds of a military installation.” .

   Effective date note
   Pub. L. 112–81, div. B, title XXVIII, § 2863(b), Dec. 31, 2011, 125 Stat. 1702, provided that: “The prohibition in subsection (c) of section 2661 of title 10, United States Code, as added by subsection (a), shall apply only with respect to real property of the Department of Defense named after the date of the enactment of this Act [Dec. 31, 2011].”

6 of 6 references resolved to an enrolled provision