§ 2675. Leases: foreign countries

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. § 2675

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

   Source evidence

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

   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. 1970

   Military Construction Authorization Act, 1911

   Pub. L. 91–511 title VI § 608 · 84 Stat. 1204

   1. Amended · 10 U.S.C. § 2675

      Pub. L. 91–511 designated existing provisions as subsec. (a)

   2. Added · 10 U.S.C. § 2675

      Pub. L. 91–511 added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Pub. L. 91–511 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

   Enacted provision · exact public law section
   Sec. 608. Section 2675 of title 10, United States Code, is amended by (1) inserting “(a)” before “Notwithstanding”, and by (2) adding the following new subsections: “(b) A lease may not be entered into under this section if the average estimated annual rental during the term of the lease is more than $250,000 until after the expiration of thirty days from the date upon Report to congressional committees. which a report of the facts concerning the proposed lease is submitted to the Committees on Aimed Services of the Senate and House of Representatives. “(c) A statement in a lease that the requirements of this section have been met, or that the lease is not subject to this section, is conclusive.”

3. 1975

   Military Construction Authorization Act, 1976

   Pub. L. 94–107 title VI § 607(10) · 89 Stat. 546

   1. Struck · 10 U.S.C. § 2675

      Pub. L. 94–107 struck out reference to structures not on a military base in section catchline

   2. Struck · 10 U.S.C. § 2675

      Pub. L. 94–107 struck out “that are not located on a military base and” after “structures and real property relating thereto” in subsec. (a)

   Source evidence

   Code amendment note
   Pub. L. 94–107 struck out reference to structures not on a military base in section catchline, and struck out “that are not located on a military base and” after “structures and real property relating thereto” in subsec. (a).

   Enacted provision · exact public law section
   (10) By striking from the chapter analysis and the catchline relating to section 2675 the second colon and all that follows. 10 USC 2675.

4. 1977

   Military Construction Authorization Act, 1978

   Pub. L. 95–82 § 505(a)(1) · 91 Stat. 358

   Inserted · 10 U.S.C. § 2675(a)

   Pub. L. 95–82, § 505(a)(1), inserted provisions relating to military family housing facilities and real property related thereto

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–82, § 505(a)(1), inserted provisions relating to military family housing facilities and real property related thereto.

   Enacted provision · exact public law section
   (1) by striking out the period at the end of subsection (a) and inserting in lieu thereof “, except that a lease under this section for military family housing facilities and real property relating thereto may be for a period of more than five years but may not be for a period of more than ten years.”;

5. 1977

   Military Construction Authorization Act, 1978

   Pub. L. 95–82 § 505(a)(2) · 91 Stat. 358

   Inserted · 10 U.S.C. § 2675(b)

   Pub. L. 95–82, § 505(a)(2), inserted “or any other provision of law for structures, family housing facilities, or related real property in any foreign country,” after “section”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–82, § 505(a)(2), inserted “or any other provision of law for structures, family housing facilities, or related real property in any foreign country,” after “section”.

   Enacted provision · exact public law section
   (2) by inserting after “under this section” in subsection (b) the following: “or any other provision of law for structures, family housing facilities, or related real property in any foreign country”; and

6. 1977

   Military Construction Authorization Act, 1978

   Pub. L. 95–82 § 505(a)(3) · 91 Stat. 358

   Added · 10 U.S.C. § 2675(d)

   Pub. L. 95–82, § 505(a)(3), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–82, § 505(a)(3), added subsec. (d).

   Enacted provision · exact public law section
   (3) by adding at the end thereof the following new subsection: “(d) (1) The average unit rental for Department of Defense family housing acquired by lease in foreign countries may not exceed $435 per month for the Department, and m no event shall the rental for any one unit exceed $760 per month, including the costs of operation, Waiver. maintenance, and utilities. The Secretary of Defense may waive the cost limitations specified in the first sentence of this paragraph with respect to not more than 150 such units if such units are leased for incumbents of special positions or for personnel assigned to Defense Attache Offices or are leased in countries where excessive costs of housing would cause undue hardship on Department of Defense personnel. “(2) Not more than 15,000 family housing units may be leased in foreign countries at any one time.”.

7. 1978

   Military Construction Authorization Act, 1979

   Pub. L. 95–356 § 503(b)(1) · 92 Stat. 565

   1. Substituted · 10 U.S.C. § 2675(d)(1)

      Pub. L. 95–356, § 503(b)(1), substituted “$485” for “$435”

   2. Substituted · 10 U.S.C. § 2675(d)(1)

      Pub. L. 95–356, § 503(b)(1), substituted “$850” for “$760”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 95–356, § 503(b)(1), substituted “$485” for “$435” and “$850” for “$760”.

   Enacted provision · exact public law section
   (1) by striking out “$435” and “$760” in the first sentence of paragraph (1) and inserting in lieu thereof “$485” and “$850”, respectively; and

8. 1978

   Military Construction Authorization Act, 1979

   Pub. L. 95–356 § 503(b)(2) · 92 Stat. 565

   Substituted · 10 U.S.C. § 2675(d)(2)

   Pub. L. 95–356, § 503(b)(2), substituted “18,000” for “15,000”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 95–356, § 503(b)(2), substituted “18,000” for “15,000”.

   Enacted provision · exact public law section
   (2) by striking out “15,000” in paragraph (2) and inserting in lieu thereof “18,000”.

9. 1979

   Military Construction Authorization Act, 1980

   Pub. L. 96–125 § 502(b)(1) · 93 Stat. 928

   1. Substituted · 10 U.S.C. § 2675(d)(1)

      Pub. L. 96–125, § 502(b)(1), substituted “$550” for “$485”

   2. Substituted · 10 U.S.C. § 2675(d)(1)

      Pub. L. 96–125, § 502(b)(1), substituted “$970” for “$850”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 96–125, § 502(b)(1), substituted “$550” for “$485” and “$970” for “$850”.

   Enacted provision · exact public law section
   (1) by striking out “$485” and “$850” in the first sentence of paragraph (1) and inserting in lieu thereof “$550” and “$970”, respectively; and

10. 1979

    Military Construction Authorization Act, 1980

    Pub. L. 96–125 § 502(b)(2) · 93 Stat. 928

    Substituted · 10 U.S.C. § 2675(d)(2)

    Pub. L. 96–125, § 502(b)(2), substituted “17,000” for “18,000”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 96–125, § 502(b)(2), substituted “17,000” for “18,000”.

    Enacted provision · exact public law section
    (2) by striking out “18,000” in paragraph (2) and inserting in lieu thereof “17,000”.

11. 1980

    Military Construction Authorization Act, 1981

    Pub. L. 96–418 title V § 504(b) · 94 Stat. 1749

    Substituted · 10 U.S.C. § 2675(d)(1)

    Pub. L. 96–418 substituted “Expenditures for the rental of family housing in foreign countries (including the cost of utilities and maintenance and operation) may not exceed $1,115 per month for any unit” for “The average unit rental for Department of Defense family housing acquired by lease in foreign countries may not exceed $550 per month for the Department, and in no event shall the rental for any one unit exceed $970 per month, including the costs of operation, maintenance, and utilities”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 96–418 substituted “Expenditures for the rental of family housing in foreign countries (including the cost of utilities and maintenance and operation) may not exceed $1,115 per month for any unit” for “The average unit rental for Department of Defense family housing acquired by lease in foreign countries may not exceed $550 per month for the Department, and in no event shall the rental for any one unit exceed $970 per month, including the costs of operation, maintenance, and utilities”.

    Enacted provision · exact public law section
    (b) The first sentence of section 2675(d)(1) of such title, relating to Cost limitation. 10 USC 2675. leases in foreign countries, is amended to read as follows: “Expenditures for the rental of family housing in foreign countries (including the cost of utilities and maintenance and operation) may not exceed $1,115 per month for any unit.”.

12. 1981

    Military Construction Authorization Act, 1982

    Pub. L. 97–99 § 604(1) · 95 Stat. 1359

    Substituted · 10 U.S.C. § 2675(d)(1)

    Pub. L. 97–99, § 604(1), substituted “250” for “150”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 97–99, § 604(1), substituted “250” for “150”.

    Enacted provision · exact public law section
    (1) by striking out “150” in paragraph (1) and inserting in lieu thereof “250”; and

13. 1981

    Military Construction Authorization Act, 1982

    Pub. L. 97–99 § 604(2) · 95 Stat. 1359

    Substituted · 10 U.S.C. § 2675(d)(2)

    Pub. L. 97–99, § 604(2), substituted “22,000” for “17,000”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 97–99, § 604(2), substituted “22,000” for “17,000”.

    Enacted provision · exact public law section
    (2) by striking out “17,000” in paragraph (2) and inserting in lieu thereof “22,000”.

14. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 8(a) · 96 Stat. 153

    Substituted · 10 U.S.C. § 2675(a)

    Pub. L. 97–214, § 8(a), substituted provisions that the Secretary of a military department may acquire by lease in foreign countries, structures and real property needed for military purposes other than for military family housing for up to a period of five years with the rental to be paid from funds appropriated to that military department for that year, for former provisions that had allowed such leases including leases for military family housing and in the latter case for a period of up to 10 years

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–214, § 8(a), substituted provisions that the Secretary of a military department may acquire by lease in foreign countries, structures and real property needed for military purposes other than for military family housing for up to a period of five years with the rental to be paid from funds appropriated to that military department for that year, for former provisions that had allowed such leases including leases for military family housing and in the latter case for a period of up to 10 years.

    Enacted provision · exact public law section
    (a) Subsection (a) of section 2675 of title 10, United States Code, is amended to read as follows: “(a) The Secretary of a military department may acquire by lease in foreign countries structures and real property relating to structures that are needed for military purposes other than for military family housing. A lease under this section may be for a period of up to five years, and the rental for each yearly period may be paid from funds appropriated to that military department for that year.”.

    Effective date note
    Amendment 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.

15. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 8(b) · 96 Stat. 153

    Struck · 10 U.S.C. § 2675(b)

    Pub. L. 97–214, § 8(b), struck out “or any other provision of law” after “into under this section”, and “, family housing facilities,” after “for structures”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–214, § 8(b), struck out “or any other provision of law” after “into under this section”, and “, family housing facilities,” after “for structures”.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended— (1) by striking out “or any other provision of law”; and (2) by striking out “, family housing facilities,”.

    Effective date note
    Amendment 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.

16. 1982

    Military Construction Codification Act

    Pub. L. 97–214 § 8(c) · 96 Stat. 153

    Struck · 10 U.S.C. § 2675(c); 10 U.S.C. § 2675(d)

    Pub. L. 97–214, § 8(c), struck out subsec. (c) which provided that a statement in a lease that the requirements of this section have been met, or that the lease is not subject to this section is conclusive, and subsec. (d) which related to limitations on expenditures for the rental of family housing in foreign countries and limitations on the number of family housing units which may be leased in a foreign country at any one time

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 97–214, § 8(c), struck out subsec. (c) which provided that a statement in a lease that the requirements of this section have been met, or that the lease is not subject to this section is conclusive, and subsec. (d) which related to limitations on expenditures for the rental of family housing in foreign countries and limitations on the number of family housing units which may be leased in a foreign country at any one time.

    Enacted provision · exact public law section
    (c) Subsections (c) and (d) of such section are repealed.

    Effective date note
    Amendment 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.

17. 1984

    Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title XIV § 1405(40) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 2675(b)

    Pub. L. 98–525 substituted “30” for “thirty”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–525 substituted “30” for “thirty”.

    Enacted provision · exact public law section
    (40) Section 2675(b) is amended by striking out “thirty” and inserting in lieu thereof “30”.

18. 1990

    National Defense Authorization Act for Fiscal Year 1991

    Pub. L. 101–510 div. A title XIII § 1322(a)(11) · 104 Stat. 1485

    1. Struck · 10 U.S.C. § 2675

       Pub. L. 101–510 struck out “(a)” before “The Secretary”

    2. Struck · 10 U.S.C. § 2675

       Pub. L. 101–510 struck out subsec. (b) which read as follows: “A lease may not be entered into under this section for structures or related real property in any foreign country if the average estimated annual rental during the term of the lease if more than $250,000 until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed lease is submitted to the Committees on Armed Services of the Senate and House of Representatives.”

    Source evidence

    Code amendment note
    Pub. L. 101–510 struck out “(a)” before “The Secretary” and struck out subsec. (b) which read as follows: “A lease may not be entered into under this section for structures or related real property in any foreign country if the average estimated annual rental during the term of the lease if more than $250,000 until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed lease is submitted to the Committees on Armed Services of the Senate and House of Representatives.”

    Enacted provision · exact public law section
    (11) Section 2675 is amended— (A) by striking out “(a)” at the beginning of the text of such section; and (B) by striking out subsection (b).

19. 2003

    Military Construction Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 div. B title XXVIII § 2804(b) · 117 Stat. 1392

    Inserted · 10 U.S.C. § 2675

    Pub. L. 108–136 inserted “or 15 years in the case of a lease in Korea,” after “five years,”

    Source evidence

    Code amendment note
    Pub. L. 108–136 inserted “or 15 years in the case of a lease in Korea,” after “five years,”.

    Enacted provision · exact public law section
    (b) Lease of Other Facilities.— Section 2675 of such title is amended by inserting after “five years,” the following: “or 15 years in the case of a lease in Korea,”.

20. 2004

    Military Construction Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. B title XXVIII § 2821(d)(3) · 118 Stat. 1811

    1. Amended · 10 U.S.C. § 2675

       Pub. L. 108–375 designated existing provisions as subsec. (a)

    2. Inserted · 10 U.S.C. § 2675

       Pub. L. 108–375 inserted heading

    3. Added · 10 U.S.C. § 2675

       Pub. L. 108–375 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    (3) Section 2675 of such title is amended— (A) by inserting “(a) Lease Authority; Duration.—” before “The Secretary”; and (B) by adding at the end the following new subsection: “(b) Availability of Funds.— Appropriations available to the Department of Defense for operation and maintenance or construction may be used for the acquisition of interests in land under this section.” .

21. 2006

    Military Construction Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. B title XXVIII § 2824 · 120 Stat. 2083

    Substituted · 10 U.S.C. § 2675(a)

    Pub. L. 109–364 substituted “10 years” for “five years”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–364 substituted “10 years” for “five years”.

    Enacted provision · exact public law section
    SEC. 2824. MAXIMUM TERM OF LEASES FOR STRUCTURES AND REAL PROPERTY RELATING TO STRUCTURES IN FOREIGN COUNTRIES NEEDED FOR PURPOSES OTHER THAN FAMILY HOUSING.   Section 2675(a) of title 10, United States Code, is amended by striking “five years” and inserting “10 years”.

28 of 28 references resolved to an enrolled provision