Title 10 — Armed Forces
Part IV · Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property
§ 2695. Acceptance of funds to cover administrative expenses relating to certain real property transactions
Statutory text
Authority To Accept.—
In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Secretary of a military department may accept amounts provided by the person or entity to cover administrative expenses incurred by the Secretary in entering into the transaction.
Covered Transactions.—
Subsection (a) applies to the following transactions involving real property under the control of the Secretary of a military department:
The exchange of real property.
The grant of an easement over, in, or upon real property of the United States.
The lease or license of real property of the United States.
The disposal of real property of the United States for which the Secretary will be the disposal agent.
The conveyance of real property under section 2694a of this title.
Use of Amounts Collected.—
Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary—
to the appropriation, fund, or account from which the expenses were paid; or
to an appropriate appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid.
Amounts credited under paragraph (1) shall be merged with funds in such appropriation, fund, or account and shall be available for the same purposes and subject to the same limitations as the funds with which merged.
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.
National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 div. B title XXVIII § 2813(a) · 111 Stat. 1629
Enacted · 10 U.S.C. § 2695
Added Pub. L. 105–85, div. B, title XXVIII, § 2813(a), Nov. 18, 1997, 111 Stat. 1993
Source evidence
Code source credit
Added Pub. L. 105–85, div. B, title XXVIII, § 2813(a), Nov. 18, 1997, 111 Stat. 1993Enacted provision · exact public law section
(a) Acceptance Authorized.— Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section: “(a) Authority To Accept.— In connection with a real property transaction referred to in subsection (b) with a non-Federal person or entity, the Secretary of a military department may accept amounts provided by the person or entity to cover administrative expenses incurred by the Secretary in entering into the transaction. “(b) Covered Transactions.— Subsection (a) applies to the following transactions: “(1) The exchange of real property. “(2) The grant of an easement over, in, or upon real property of the United States. “(3) The lease or license of real property of the United States. “(c) Use of Amounts Collected.— Amounts collected under subsection (a) for administrative expenses shall be credited to the appropriation, fund, or account from which the expenses were paid. .Amounts so credited shall be merged with funds in such appropriation, fund, or account and shall be available for the same purposes and subject to the same limitations as the funds with which merged.”.Pub. L. 106–65 div. B title XXVIII § 2813 · 113 Stat. 512
Inserted · 10 U.S.C. § 2695(b)
Pub. L. 106–65 inserted “involving real property under the control of the Secretary of a military department” after “transactions” in introductory provisions
Added · 10 U.S.C. § 2695(b)
Pub. L. 106–65 added par. (4)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–65 inserted “involving real property under the control of the Secretary of a military department” after “transactions” in introductory provisions and added par. (4).Enacted provision · exact public law section
SEC. 2813. ACCEPTANCE OF FUNDS TO COVER ADMINISTRATIVE EXPENSES RELATING TO CERTAIN REAL PROPERTY TRANSACTIONS. Section 2695(b) of title 10, United States Code, is amended— (1) by inserting “involving real property under the control of the Secretary of a military department” after “transactions”; and (2) by adding at the end the following new paragraph: “(4) The disposal of real property of the United States for which the Secretary will be the disposal agent.”.Pub. L. 107–314 div. B title XXVIII § 2812(b) · 116 Stat. 2458
Added · 10 U.S.C. § 2695(b)(5)
Pub. L. 107–314 added par. (5)
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 107–314 added par. (5).Enacted provision · exact public law section
(b) Acceptance of Funds to Cover Administrative Expenses.— Section 2695(b) of such title is amended by adding at the end the following new paragraph: “(5) The conveyance of real property under section 2694a of this title.”.Military Construction Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 2812(a)(1) · 128 Stat. 3292
Substituted · 10 U.S.C. § 2695(c)(1)
Pub. L. 113–291, § 2812(a)(1), substituted “(1) Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary—” and subpars. (A) and (B) for “Amounts collected under subsection (a) for administrative expenses shall be credited to the appropriation, fund, or account from which the expenses were paid.”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 113–291, § 2812(a)(1), substituted “(1) Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary—” and subpars. (A) and (B) for “Amounts collected under subsection (a) for administrative expenses shall be credited to the appropriation, fund, or account from which the expenses were paid.”Enacted provision · exact public law section
(1) by striking the first sentence and inserting the following: “(1) Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary— “(A) to the appropriation, fund, or account from which the expenses were paid; or “(B) to an appropriate appropriation, fund, or account currently available to the Secretary for the purposes for which the expenses were paid.” ; andEffective date note
Pub. L. 113–291, div. B, title XXVIII, § 2812(b), Dec. 19, 2014, 128 Stat. 3700, provided that: “The amendments made by subsection (a) [amending this section] shall not apply to administrative expenses related to a real property transaction referred to in section 2695(b) of title 10, United States Code, that were covered by the Secretary of a military department using amounts appropriated to the Secretary before the date of the enactment of this Act [Dec. 19, 2014].”Military Construction Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 2812(a)(2) · 128 Stat. 3292
Substituted · 10 U.S.C. § 2695(c)(2)
Pub. L. 113–291, § 2812(a)(2), substituted “(2) Amounts credited under paragraph (1)” for “Amounts so credited”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 113–291, § 2812(a)(2), substituted “(2) Amounts credited under paragraph (1)” for “Amounts so credited”.Enacted provision · exact public law section
(2) in the second sentence, by striking “Amounts so credited” and inserting the following: “(2) Amounts credited under paragraph (1)” .Effective date note
Pub. L. 113–291, div. B, title XXVIII, § 2812(b), Dec. 19, 2014, 128 Stat. 3700, provided that: “The amendments made by subsection (a) [amending this section] shall not apply to administrative expenses related to a real property transaction referred to in section 2695(b) of title 10, United States Code, that were covered by the Secretary of a military department using amounts appropriated to the Secretary before the date of the enactment of this Act [Dec. 19, 2014].”
6 of 6 references resolved to an enrolled provision
Editorial Notes
Amendments1999–2014 · 3 rounds
2014
Subsec. (c)(1). Pub. L. 113–291, § 2812(a)(1), substituted “(1) Amounts collected by the Secretary of a military department under subsection (a) for administrative expenses shall be credited, at the option of the Secretary—” and subpars. (A) and (B) for “Amounts collected under subsection (a) for administrative expenses shall be credited to the appropriation, fund, or account from which the expenses were paid.”
Subsec. (c)(2). Pub. L. 113–291, § 2812(a)(2), substituted “(2) Amounts credited under paragraph (1)” for “Amounts so credited”.
2002
Subsec. (b)(5). Pub. L. 107–314 added par. (5).
1999
Subsec. (b). Pub. L. 106–65 inserted “involving real property under the control of the Secretary of a military department” after “transactions” in introductory provisions and added par. (4).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–291, div. B, title XXVIII, § 2812(b), , 128 Stat. 3700, provided that: “The amendments made by subsection (a) [amending this section] shall not apply to administrative expenses related to a real property transaction referred to in section 2695(b) of title 10, United States Code, that were covered by the Secretary of a military department using amounts appropriated to the Secretary before the date of the enactment of this Act [].”
Administrative Costs of Land Conveyances
Pub. L. 106–541, title II, § 226, , 114 Stat. 2598, provided that: “Notwithstanding any other provision of law, the administrative costs associated with the conveyance of property by the Secretary to a non-Federal governmental or nonprofit entity shall be limited to the extent that the Secretary determines that such limitation is necessary to complete the conveyance based on the entity’s ability to pay.”