§ 2664. Limitations on real property acquisition

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. 1958

   Pub. L. 85–861 § 1(51) · 72 Stat. 1437

   Enacted · 10 U.S.C. § 2664

   Added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460, § 2676

   Source evidence

   Code source credit
   Added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460, § 2676

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

2. 1973

   Military Construction Authorization Act, 1974

   Pub. L. 93–166 title VI § 608(2) · 87 Stat. 661

   Changed · 10 U.S.C. § 2664

   Pub. L. 93–166 made limitation inapplicable to property acquired under authority of Administrator of General Services to acquire property by exchange of Government property

   Source evidence

   Code amendment note
   Pub. L. 93–166 made limitation inapplicable to property acquired under authority of Administrator of General Services to acquire property by exchange of Government property.

   Enacted provision · exact public law section
   (2) Section 2676 is amended by adding at the end thereof a new sentence as follows: “The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Administrator of General Services to acquire property by the exchange of Government property pursuant to the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.).”

3. 1982

   Military Construction Codification Act

   Pub. L. 97–214 § 5 · 96 Stat. 153

   1. Amended · 10 U.S.C. § 2664

      Pub. L. 97–214 designated existing provisions as subsec. (a)

   2. Added · 10 U.S.C. § 2664

      Pub. L. 97–214 added subsecs. (b) to (d)

   Source evidence

   Code amendment note
   Pub. L. 97–214 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

   Enacted provision · exact public law section
   Sec. 5. acquisition of real property; cost variations Section 2676 of title 10, United States Code, is amended— (1) by inserting “(a)” before “No military department”; and (2) by adding at the end the following: “(b) Authority provided the Secretary of a military department by law to acquire an interest in real property (including a temporary interest) includes authority— “(1) to make surveys; and “(2) to acquire the interest in real property by gift, purchase, exchange of real property owned by the United States, or otherwise. “(c) (1) Except as provided in paragraph (2), the cost authorized for Cost increase; limitation. a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. “(2) A land acquisition project may not be placed under contract if, based upon the agreed price for the land— “(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or “(B) the agreed price for the land exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, until subsection (d) is complied with. “(d) The limitations on reduction in scope or increase in cost of a Notification of congressional committees. land acquisition in subsection (c) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a written notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the appropriate committees of Congress. A contract for the acquisition may then be awarded only (1) after a period of 21 days elapses from the date the notification is received by the committees, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost.”

4. 1984

   Military Construction Authorization Act, 1985

   Pub. L. 98–407 § 802(1) · 98 Stat. 1495

   Inserted · 10 U.S.C. § 2664(c)(2)

   Pub. L. 98–407, § 802(1), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land” in provisions preceding subpar. (A)

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 98–407, § 802(1), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land” in provisions preceding subpar. (A).

   Enacted provision · exact public law section
   (1) by inserting “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land” in subsection (c)(2) after “upon the agreed price for the land”;

   Effective date note
   Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(B), Nov. 14, 1986, 100 Stat. 3993, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 802(2) of the Military Construction Authorization Act, 1985 (Public Law 98–407; 98 Stat. 1519) [amending this section].”

5. 1984

   Military Construction Authorization Act, 1985

   Pub. L. 98–407 § 802(2) · 98 Stat. 1495

   Inserted · 10 U.S.C. § 2664(c)(2)(B)

   Pub. L. 98–407, § 802(2), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land,”. Insertion of new language following “the agreed price for the land” was executed to text notwithstanding directory language of Pub. L. 98–407 that made a reference to a nonexistent comma following “the agreed price for the land”. See 1986 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 98–407, § 802(2), inserted “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land,”. Insertion of new language following “the agreed price for the land” was executed to text notwithstanding directory language of Pub. L. 98–407 that made a reference to a nonexistent comma following “the agreed price for the land”. See 1986 Amendment note above.

   Enacted provision · exact public law section
   (2) by inserting “or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land,” in subsection (c)(2)(B) after “the agreed price for the land,”; and

   Effective date note
   Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(B), Nov. 14, 1986, 100 Stat. 3993, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 802(2) of the Military Construction Authorization Act, 1985 (Public Law 98–407; 98 Stat. 1519) [amending this section].”

6. 1984

   Military Construction Authorization Act, 1985

   Pub. L. 98–407 § 802(3) · 98 Stat. 1495

   Added · 10 U.S.C. § 2664(e)

   Pub. L. 98–407, § 802(3), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–407, § 802(3), added subsec. (e).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following new subsection: “(e) The Secretary concerned shall promptly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or resulting from a final settlement of an action for condemnation of any interest in land. Payments under this subsection may be made from funds available to the Secretary concerned for military construction projects and without regard to the limitations of subsections (c) and (d).”.

   Effective date note
   Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(B), Nov. 14, 1986, 100 Stat. 3993, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 802(2) of the Military Construction Authorization Act, 1985 (Public Law 98–407; 98 Stat. 1519) [amending this section].”

7. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XIII § 1343(a)(17)(A) · 100 Stat. 3816

   Amended · 10 U.S.C. § 2664(c)(2)(B)

   Pub. L. 99–661 amended generally language of subpar. (B) before “exceeds the amount”. See 1984 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 99–661 amended generally language of subpar. (B) before “exceeds the amount”. See 1984 Amendment note below.

   Enacted provision · exact public law section
   (A) Section 2676(c)(2)(B) is amended by striking out “the agreed” and all that follows through “exceeds the” and inserting in lieu thereof “the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land, exceeds the”.

   Effective date note
   Pub. L. 99–661, div. A, title XIII, § 1343(a)(17)(B), Nov. 14, 1986, 100 Stat. 3993, provided that: “The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 802(2) of the Military Construction Authorization Act, 1985 (Public Law 98–407; 98 Stat. 1519) [amending this section].”

8. 1991

   Military Construction Authorization Act for Fiscal Year 1992

   Pub. L. 102–190 div. B title XXVIII § 2870(1) · 105 Stat. 1290

   Struck · 10 U.S.C. § 2664(d)

   Pub. L. 102–190 struck out “(1)” after “be awarded only” and “, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost” before period at end

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–190 struck out “(1)” after “be awarded only” and “, or (2) upon the approval of those committees, if before the end of that period each such committee approves the proposed reduced scope or increased cost” before period at end.

   Enacted provision · exact public law section
   (1) Section 2676(d) is amended in the second sentence— (A) by striking out “(1)”; and (B) by striking out “, or (2)” and all that follows through “increased cost”.

9. 2002

   Pub. L. 107–217 § 3(b)(14) · 116 Stat. 1062

   1. Inserted · 10 U.S.C. § 2664(a)

      Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949”

   2. Substituted · 10 U.S.C. § 2664(a)

      Pub. L. 107–217 substituted “41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property and Administrative Services Act of 1949” and substituted “41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”.

   Enacted provision · exact public law section
   (14) In section 2676(a)— (A) insert “subtitle I of title 40 and title III of’ before “the Federal”; and (B) strike “(40 U.S.C. 471 et seq.)” and substitute “41 U.S.C. 251 et seq.)”.

10. 2002

    Pub. L. 107–314 div. A title X § 1062(a)(11) · 116 Stat. 2458

    Inserted · 10 U.S.C. § 2664(a)

    Pub. L. 107–314 inserted opening parenthesis before “41 U.S.C.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–314 inserted opening parenthesis before “41 U.S.C.”.

    Enacted provision · exact public law section
    (11) Section 2676(a) is amended by inserting an open parenthesis before “41 U.S.C.”.

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. A title X § 1031(a)(30) · 117 Stat. 1392

    Inserted · 10 U.S.C. § 2664(d)

    Pub. L. 108–136 inserted before period at end “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to section 480 of this title”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–136 inserted before period at end “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to section 480 of this title”.

    Enacted provision · exact public law section
    (30) Section 2676(d) is amended by inserting before the period at the end of the last sentence the following: “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to section 480 of this title”.

12. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title X § 1084(b)(4) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 2664(d)

    Pub. L. 108–375 substituted “congressional defense committees” for “appropriate committees of Congress”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–375 substituted “congressional defense committees” for “appropriate committees of Congress”.

    Enacted provision · exact public law section
    (4) Section 2676(d) is amended by striking “appropriate committees of Congress” at the end of the first sentence and inserting “congressional defense committees”.

13. 2006

    Military Construction Authorization Act for Fiscal Year 2006

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

    Substituted · 10 U.S.C. § 2664

    Pub. L. 109–163, § 2821(c), renumbered section 2676 of this title as this section and substituted “Limitations on real property acquisition” for “Acquisition: limitation” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 2821(c), renumbered section 2676 of this title as this section and substituted “Limitations on real property acquisition” for “Acquisition: limitation” in section catchline.

    Enacted provision · exact public law section
    (c) Transfer and Redesignation of Revised Limitation Section.— Section 2676 of such title, as amended by subsections (a)(10) and (b)— (1) is inserted after section 2663 of such title, as amended by subsection (a); and (2) is amended by striking the section heading and inserting the following new section heading: “§ 2664. Limitations on real property acquisition” .

14. 2006

    Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(b)(1) · 119 Stat. 3136

    1. Inserted · 10 U.S.C. § 2664(a)

       Pub. L. 109–163, § 2821(b)(1), inserted heading

    2. Struck · 10 U.S.C. § 2664(a)

       Pub. L. 109–163, § 2821(b)(1), struck out “, as amended” after “Federal Property and Administrative Services Act of 1949” in text

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–163, § 2821(b)(1), inserted heading and struck out “, as amended” after “Federal Property and Administrative Services Act of 1949” in text.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by inserting “Authorization for Acquisition Required.—” before “No military department”; and (B) by striking “, as amended”;

15. 2006

    Military Construction Authorization Act for Fiscal Year 2006

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

    Redesignated · 10 U.S.C. § 2664(b)

    Pub. L. 109–163, § 2821(d), redesignated subsec. (c) of section 2661 of this title as subsec. (b) of this section

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–163, § 2821(d), redesignated subsec. (c) of section 2661 of this title as subsec. (b) of this section.

    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).

16. 2006

    Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(a)(10) · 119 Stat. 3136

    Changed · 10 U.S.C. § 2664(b)

    Pub. L. 109–163, § 2821(a)(10), transferred subsec. (b) to section 2663 of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–163, § 2821(a)(10), transferred subsec. (b) to section 2663 of this title.

    Enacted provision · exact public law section
    (10) by transferring subsection (b) of section 2676 to section 2663 and inserting such subsection after subsection (d), as redesignated and amended by paragraphs (7), (8), and (9); and

17. 2006

    Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(b)(2)(A) · 119 Stat. 3136

    Inserted · 10 U.S.C. § 2664(c)

    Pub. L. 109–163, § 2821(b)(2)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–163, § 2821(b)(2)(A), inserted heading.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “Cost Limita- tions.—” before “(1)”; and

18. 2006

    Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(b)(2)(B) · 119 Stat. 3136

    1. Substituted · 10 U.S.C. § 2664(c)(2)

       Pub. L. 109–163, § 2821(b)(2)(B), substituted “Until subsection (d) is complied with, a land” for “A land” in subpar. (B)

    2. Substituted · 10 U.S.C. § 2664(c)(2)

       Pub. L. 109–163, § 2821(b)(2)(B), substituted “lesser.” for “lesser,” in subpar. (B)

    3. Struck · 10 U.S.C. § 2664(c)(2)

       Pub. L. 109–163, § 2821(b)(2)(B), struck out concluding provisions which read “until subsection (d) is complied with.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 109–163, § 2821(b)(2)(B), substituted “Until subsection (d) is complied with, a land” for “A land” in introductory provisions and “lesser.” for “lesser,” in subpar. (B) and struck out concluding provisions which read “until subsection (d) is complied with.”

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by striking “A land” and inserting “Until subsection (d) is complied with, a land”; and (ii) by striking “lesser,” and all that follows through the period at the end and inserting “lesser.”;

19. 2006

    Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(b)(3) · 119 Stat. 3136

    Inserted · 10 U.S.C. § 2664(d)

    Pub. L. 109–163, § 2821(b)(3), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–163, § 2821(b)(3), inserted heading.

    Enacted provision · exact public law section
    (3) in subsection (d), by inserting “Congressional Notification.—” before “The limitations”; and

20. 2006

    Military Construction Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 2821(b)(4) · 119 Stat. 3136

    Inserted · 10 U.S.C. § 2664(e)

    Pub. L. 109–163, § 2821(b)(4), inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–163, § 2821(b)(4), inserted heading.

    Enacted provision · exact public law section
    (4) in subsection (e), by inserting “Payment of Judgements and Settlements.—” before “The Secretary”.

21. 2011

    Pub. L. 111–350 § 5(b)(45) · 124 Stat. 3677

    Substituted · 10 U.S.C. § 2664(a)

    Pub. L. 111–350, which directed substitution “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.)”, was executed by making the substitution for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–350, which directed substitution “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.)”, was executed by making the substitution for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (45) In section 2664(a), strike “title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”.

22. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. B title XXVIII § 2811(d) · 131 Stat. 1283

    1. Struck · 10 U.S.C. § 2664(d)

       Pub. L. 115–91 struck out “written” before “notification of the facts” and “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided” before “in an electronic medium”

    2. Substituted · 10 U.S.C. § 2664(d)

       Pub. L. 115–91 substituted “the end of the 14-day period beginning on” for “a period of 21 days elapses from”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–91 struck out “written” before “notification of the facts” and “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided” before “in an electronic medium” and substituted “the end of the 14-day period beginning on” for “a period of 21 days elapses from”.

    Enacted provision · exact public law section
    (d) Exceptions to Limitations on Land Acquisition Reduction in Scope or Increase in Cost.— Section 2664(d) of title 10, United States Code, is amended— (1) by striking “written”; (2) by striking “a period of 21 days elapses from” and inserting “the end of the 14-day period beginning on”; and (3) by striking “or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided”.

28 of 28 references resolved to an enrolled provision