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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

(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 involving real property under the control of the Secretary of a military department:

(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.

(4)

The disposal of real property of the United States for which the Secretary will be the disposal agent.

(5)

The conveyance of real property under section 2694a of this title.

(c)

Use of Amounts Collected.—

(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.

(2)

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.

  1. 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. 1993

    Enacted 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.”.

  2. Pub. L. 106–65 div. B title XXVIII § 2813 · 113 Stat. 512

    1. 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

    2. 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.”.

  3. 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.”.

  4. 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.” ; and

    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].”

  5. 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.”

Credits

1997–2014 · 4 acts
  1. 1997Added Pub. L. 105–85, div. B, title XXVIII, § 2813(a), , 111 Stat. 1993
  2. 1999amended Pub. L. 106–65, div. B, title XXVIII, § 2813, , 113 Stat. 851
  3. 2002Pub. L. 107–314, div. B, title XXVIII, § 2812(b), , 116 Stat. 2709
  4. 2014Pub. L. 113–291, div. B, title XXVIII, § 2812(a), , 128 Stat. 3700.
Show as published

(Added Pub. L. 105–85, div. B, title XXVIII, § 2813(a), , 111 Stat. 1993; amended Pub. L. 106–65, div. B, title XXVIII, § 2813, , 113 Stat. 851; Pub. L. 107–314, div. B, title XXVIII, § 2812(b), , 116 Stat. 2709; Pub. L. 113–291, div. B, title XXVIII, § 2812(a), , 128 Stat. 3700.)

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