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119th Congress

Title 10 — Armed Forces

Part V · Chapter 385 — Other Technology Base Policies and Programs

§ 4881. Defense Industrial Reserve

Statutory text

(a)

Declaration of Purpose and Policy.—

It is the intent of Congress—

(1)

to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned industrial plants and an industrial reserve of machine tools and other industrial manufacturing equipment may be assured for immediate use to supply the needs of the armed forces in time of national emergency or in anticipation thereof;

(2)

that such Government-owned plants and such reserve shall not exceed in number or kind the minimum requirements for immediate use in time of national emergency, and that any such items which shall become excess to such requirements shall be disposed of as expeditiously as possible;

(3)

that to the maximum extent practicable, reliance will be placed upon private industry for support of defense production; and

(4)

that machine tools and other industrial manufacturing equipment may be held in plant equipment packages or in a general reserve to maintain a high state of readiness for production of critical items of defense materiel, to provide production capacity not available in private industry for defense materiel, or to assist private industry in time of national disaster.

(b)

Powers and Duties of the Secretary of Defense.—

(1)

To execute the policy set forth in subsection (a), the Secretary of Defense shall—

(A)

determine which industrial plants and installations (including machine tools and other industrial manufacturing equipment) should become a part of the Defense Industrial Reserve;

(B)

designate what excess industrial property shall be disposed of;

(C)

establish general policies and provide for the transportation, handling, care, storage, protection, maintenance, repair, rebuilding, utilization, recording, leasing and security of such property;

(D)

direct the transfer without reimbursement of such property to other Government agencies with the consent of such agencies;

(E)

direct the leasing of any of such property to designated lessees;

(F)

authorize the disposition in accordance with existing law of any of such property when in the opinion of the Secretary such property is no longer needed by the Department of Defense; and

(G)

notwithstanding chapter 5 of title 40 and any other provision of law, authorize the transfer to a nonprofit educational institution or training school, on a nonreimbursable basis, of any such property already in the possession of such institution or school whenever the program proposed by such institution or school for the use of such property is in the public interest.

(2)
(A)

The Secretary of a military department to which equipment or other property is transferred from the Defense Industrial Reserve shall reimburse appropriations available for the purposes of the Defense Industrial Reserve for the full cost (including direct and indirect costs) of—

(i)

storage of such property;

(ii)

repair and maintenance of such property; and

(iii)

overhead allocated to such property.

(B)

The Secretary of Defense shall prescribe regulations establishing general policies and fee schedules for reimbursements under subparagraph (A).

(c)

Definitions.—

In this section:

(1)

The term “Defense Industrial Reserve” means—

(A)

a general reserve of industrial manufacturing equipment, including machine tools, selected by the Secretary of Defense for retention for national defense or for other emergency use;

(B)

those industrial plants and installations held by and under the control of the Department of Defense in active or inactive status, including Government-owned/Government-operated plants and installations and Government-owned/contractor-operated plants and installations which are retained for use in their entirety, or in part, for production of military weapons systems, munitions, components, or supplies; and

(C)

those industrial plants and installations under the control of the Secretary which are not required for the immediate need of any department or agency of the Government and which should be sold, leased, or otherwise disposed of.

(2)

The term “plant equipment package” means a complement of active and idle machine tools and other industrial manufacturing equipment held by and under the control of the Department of Defense and approved by the Secretary for retention to produce particular defense materiel or defense supporting items at a specific level of output in the event of emergency.

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. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 div. D title XLII § 4235 · 106 Stat. 2315

    Enacted · 10 U.S.C. § 4881

    Added and amended Pub. L. 102–484, div. D, title XLII, § 4235, Oct. 23, 1992, 106 Stat. 2690, § 2535

    Source evidence

    Code source credit
    Added and amended Pub. L. 102–484, div. D, title XLII, § 4235, Oct. 23, 1992, 106 Stat. 2690, § 2535

    Enacted provision · exact public law section
    SEC. 4235. DEFENSE INDUSTRIAL RESERVE. (a) Transfer of Sections.— (1) Subchapter V of chapter 148 is amended by adding at the end, without text, the following new section: “§ 2535. Defense Industrial Reserve”. (2) The text of section 2 of the Defense Industrial Reserve Act (50 U.S.C. 451) is— (A) transferred to section 2535; (B) inserted after the section heading; and (C) amended by striking out “In enacting this Act, it” and inserting in lieu thereof the following: “(a) Declaration of Purpose and Policy.—It”. (3) The text of section 4 of that Act (50 U.S.C. 453) is— (A) transferred to section 2535; (B) inserted after subsection (a), as designated by paragraph (2)(C); and (C) amended— (i) by striking out “(a) To execute the policy set forth in this Act,” and inserting in lieu thereof the following: “(b) Powers and Duties of the Secretary of Defense.—(1) To execute the policy set forth in this section,”; (ii) by striking out “(1) determine” and inserting in lieu thereof “(A) determine”; (iii) by striking out “(2) designate” and inserting in lieu thereof “(B) designate”; (iv) by striking out “(3) establish” and inserting in lieu thereof “(C) establish”; (v) by striking out “(4) direct” and inserting in lieu thereof “(D) direct”; (vi) by striking out “(5) direct” and inserting in lieu thereof “(E) direct”; (vii) by striking out “(6) authorize” and inserting in lieu thereof “(F) authorize”; (viii) by striking out “(7) authorize” and all that follows through “(B) such institution” and inserting in lieu thereof “(G) authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (ii) such institution”; (ix) by striking out “(b)(1) The Secretary” and inserting in lieu thereof “(2)(A) The Secretary”; (x) by striking out “(A) storage” and inserting in lieu thereof “(i) storage”; (xi) by striking out “(B) repair” and inserting in lieu thereof “(ii) repair”; (xii) by striking out “(C) overhead” and inserting in lieu thereof “(iii) overhead”; and (xiii) by striking out “(2) The Secretary of Defense shall prescribe regulations” and inserting in lieu thereof Regulations. “(B) The Secretary of Defense shall prescribe regulations”. (b) Definitions.— The text of section 3 of that Act (50 U.S.C. 452) is— (i) transferred to section 2535; (ii) inserted following subsection (b), as designated by subsection 10 USC 2535. (a)(3)(C)(i); and (iii) amended by striking out “As used in this Act—” and inserting in lieu thereof “(c) Definitions.—In this section:”.

  2. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 § 4235(a) · 106 Stat. 2315

    Added · 10 U.S.C. § 4881

    Pub. L. 102–484, § 4235(a), added section number and catchline

    Source evidence

    Code amendment note
    Pub. L. 102–484, § 4235(a), added section number and catchline.

    Enacted provision · exact public law section
    (a) Transfer of Sections.— (1) Subchapter V of chapter 148 is amended by adding at the end, without text, the following new section: “§ 2535. Defense Industrial Reserve”. (2) The text of section 2 of the Defense Industrial Reserve Act (50 U.S.C. 451) is— (A) transferred to section 2535; (B) inserted after the section heading; and (C) amended by striking out “In enacting this Act, it” and inserting in lieu thereof the following: “(a) Declaration of Purpose and Policy.—It”. (3) The text of section 4 of that Act (50 U.S.C. 453) is— (A) transferred to section 2535; (B) inserted after subsection (a), as designated by paragraph (2)(C); and (C) amended— (i) by striking out “(a) To execute the policy set forth in this Act,” and inserting in lieu thereof the following: “(b) Powers and Duties of the Secretary of Defense.—(1) To execute the policy set forth in this section,”; (ii) by striking out “(1) determine” and inserting in lieu thereof “(A) determine”; (iii) by striking out “(2) designate” and inserting in lieu thereof “(B) designate”; (iv) by striking out “(3) establish” and inserting in lieu thereof “(C) establish”; (v) by striking out “(4) direct” and inserting in lieu thereof “(D) direct”; (vi) by striking out “(5) direct” and inserting in lieu thereof “(E) direct”; (vii) by striking out “(6) authorize” and inserting in lieu thereof “(F) authorize”; (viii) by striking out “(7) authorize” and all that follows through “(B) such institution” and inserting in lieu thereof “(G) authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (ii) such institution”; (ix) by striking out “(b)(1) The Secretary” and inserting in lieu thereof “(2)(A) The Secretary”; (x) by striking out “(A) storage” and inserting in lieu thereof “(i) storage”; (xi) by striking out “(B) repair” and inserting in lieu thereof “(ii) repair”; (xii) by striking out “(C) overhead” and inserting in lieu thereof “(iii) overhead”; and (xiii) by striking out “(2) The Secretary of Defense shall prescribe regulations” and inserting in lieu thereof Regulations. “(B) The Secretary of Defense shall prescribe regulations”.

  3. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 § 4235(a)(2) · 106 Stat. 2315

    1. Amended · 10 U.S.C. § 4881(a)

      Pub. L. 102–484, § 4235(a)(2), transferred the text of section 451 of Title 50, War and National Defense, to this section, designated it subsec. (a)

    2. Inserted · 10 U.S.C. § 4881(a)

      Pub. L. 102–484, § 4235(a)(2), transferred the text of section 451 of Title 50, War and National Defense, to this section, inserted heading

    3. Substituted · 10 U.S.C. § 4881(a)

      Pub. L. 102–484, § 4235(a)(2), transferred the text of section 451 of Title 50, War and National Defense, to this section, substituted “It” for “In enacting this chapter it” in introductory provisions. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–484, § 4235(a)(2), transferred the text of section 451 of Title 50, War and National Defense, to this section, designated it subsec. (a), inserted heading, and substituted “It” for “In enacting this chapter it” in introductory provisions. See Codification note above.

    Enacted provision · exact public law section
    (2) The text of section 2 of the Defense Industrial Reserve Act (50 U.S.C. 451) is— (A) transferred to section 2535; (B) inserted after the section heading; and (C) amended by striking out “In enacting this Act, it” and inserting in lieu thereof the following: “(a) Declaration of Purpose and Policy.—It”.

  4. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 § 4235(a)(3) · 106 Stat. 2315

    1. Amended · 10 U.S.C. § 4881(b)

      Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and designated it subsec. (b)

    2. Inserted · 10 U.S.C. § 4881(b)

      Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and inserted heading

    3. Redesignated · 10 U.S.C. § 4881(b)

      Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and redesignated former subsec. (a) of section 453 as par. (1)

    4. Substituted · 10 U.S.C. § 4881(b)

      Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and substituted “in this section” for “in this chapter” in introductory provisions

    5. Redesignated · 10 U.S.C. § 4881(b)

      Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and redesignated former pars. (1) to (7) as subpars. (A) to (G), respectively, in subpar. (G) redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively

    6. Redesignated · 10 U.S.C. § 4881(b)

      Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and redesignated former subsec. (b) of section 453 as par. (2), and in par. (2) redesignated former par. (1) as subpar. (A), former subpars. (A) to (C) as cls. (i) to (iii), and former par. (2) as subpar. (B). See Codification note above

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and designated it subsec. (b), inserted heading, redesignated former subsec. (a) of section 453 as par. (1), substituted “in this section” for “in this chapter” in introductory provisions, redesignated former pars. (1) to (7) as subpars. (A) to (G), respectively, in subpar. (G) redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated former subsec. (b) of section 453 as par. (2), and in par. (2) redesignated former par. (1) as subpar. (A), former subpars. (A) to (C) as cls. (i) to (iii), and former par. (2) as subpar. (B). See Codification note above.

    Enacted provision · exact public law section
    (3) The text of section 4 of that Act (50 U.S.C. 453) is— (A) transferred to section 2535; (B) inserted after subsection (a), as designated by paragraph (2)(C); and (C) amended— (i) by striking out “(a) To execute the policy set forth in this Act,” and inserting in lieu thereof the following: “(b) Powers and Duties of the Secretary of Defense.—(1) To execute the policy set forth in this section,”; (ii) by striking out “(1) determine” and inserting in lieu thereof “(A) determine”; (iii) by striking out “(2) designate” and inserting in lieu thereof “(B) designate”; (iv) by striking out “(3) establish” and inserting in lieu thereof “(C) establish”; (v) by striking out “(4) direct” and inserting in lieu thereof “(D) direct”; (vi) by striking out “(5) direct” and inserting in lieu thereof “(E) direct”; (vii) by striking out “(6) authorize” and inserting in lieu thereof “(F) authorize”; (viii) by striking out “(7) authorize” and all that follows through “(B) such institution” and inserting in lieu thereof “(G) authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (ii) such institution”; (ix) by striking out “(b)(1) The Secretary” and inserting in lieu thereof “(2)(A) The Secretary”; (x) by striking out “(A) storage” and inserting in lieu thereof “(i) storage”; (xi) by striking out “(B) repair” and inserting in lieu thereof “(ii) repair”; (xii) by striking out “(C) overhead” and inserting in lieu thereof “(iii) overhead”; and (xiii) by striking out “(2) The Secretary of Defense shall prescribe regulations” and inserting in lieu thereof Regulations. “(B) The Secretary of Defense shall prescribe regulations”.

  5. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 § 4235(b) · 106 Stat. 2315

    1. Amended · 10 U.S.C. § 4881(c)

      Pub. L. 102–484, § 4235(b), transferred the text of section 452 of Title 50, War and National Defense, to the end of this section, designated it subsec. (c)

    2. Inserted · 10 U.S.C. § 4881(c)

      Pub. L. 102–484, § 4235(b), transferred the text of section 452 of Title 50, War and National Defense, to the end of this section, inserted heading

    3. Substituted · 10 U.S.C. § 4881(c)

      Pub. L. 102–484, § 4235(b), transferred the text of section 452 of Title 50, War and National Defense, to the end of this section, substituted “In this section:” for “As used in this chapter—” in introductory provisions. See Codification note above

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–484, § 4235(b), transferred the text of section 452 of Title 50, War and National Defense, to the end of this section, designated it subsec. (c), inserted heading, and substituted “In this section:” for “As used in this chapter—” in introductory provisions. See Codification note above.

    Enacted provision · exact public law section
    (b) Definitions.— The text of section 3 of that Act (50 U.S.C. 452) is— (i) transferred to section 2535; (ii) inserted following subsection (b), as designated by subsection 10 USC 2535. (a)(3)(C)(i); and (iii) amended by striking out “As used in this Act—” and inserting in lieu thereof “(c) Definitions.—In this section:”.

  6. Pub. L. 103–35 title II § 201(c)(8) · 107 Stat. 97

    Substituted · 10 U.S.C. § 4881(b)(2)(B)

    Pub. L. 103–35 substituted “subparagraph (A)” for “paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 103–35 substituted “subparagraph (A)” for “paragraph (1)”.

    Enacted provision · exact public law section
    (8) Section 2535(b)(2)(B) is amended by striking out “paragraph (1)” and inserting in lieu thereof “subparagraph (A)”.

  7. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 div. A title III § 379(a) · 108 Stat. 2663

    Amended · 10 U.S.C. § 4881(b)(1)(G)

    Pub. L. 103–337 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (ii) such institution or school shall by agreement make such provision as the Secretary shall deem satisfactory for the proper maintenance and care of such property and for its return, without expense to the Government, upon request of the Secretary.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(G). Pub. L. 103–337 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (ii) such institution or school shall by agreement make such provision as the Secretary shall deem satisfactory for the proper maintenance and care of such property and for its return, without expense to the Government, upon request of the Secretary.”

    Enacted provision · exact public law section
    (a) Authority To Transfer.— Subparagraph (G) of section 2535(b)(1) of title 10, United States Code, is amended to read as follows: “(G) notwithstanding title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and any other provision of law, authorize the transfer to a nonprofit educational institution or training school, on a nonreimbursable basis, of any such property already in the possession of such institution or school whenever the program proposed by such institution or school for the use of such property is in the public interest.”.

  8. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(a)(23)(A)(i) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4881(a)

    Pub. L. 107–107, § 1048(a)(23)(A)(i), substituted “intent of Congress—” for “intent of Congress” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107, § 1048(a)(23)(A)(i), substituted “intent of Congress—” for “intent of Congress” in introductory provisions.

    Enacted provision · exact public law section
    (i) by striking “intent of Congress” and inserting “intent of Congress—”;

  9. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(a)(23)(A)(ii) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4881(a)(1)

    Pub. L. 107–107, § 1048(a)(23)(A)(ii), (iii), substituted “armed forces” for “Armed Forces” and realigned margins

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–107, § 1048(a)(23)(A)(ii), (iii), substituted “armed forces” for “Armed Forces” and realigned margins.

    Enacted provision · exact public law section
    (ii) by realigning clauses (1), (2), (3), and (4) so that each such clause appears as a separate paragraph indented two ems from the left margin; and

  10. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(a)(23)(A)(ii) · 115 Stat. 1012

    Changed · 10 U.S.C. § 4881(a)(2)(4)

    Pub. L. 107–107, § 1048(a)(23)(A)(ii), realigned margins

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (4). Pub. L. 107–107, § 1048(a)(23)(A)(ii), realigned margins.

    Enacted provision · exact public law section
    (ii) by realigning clauses (1), (2), (3), and (4) so that each such clause appears as a separate paragraph indented two ems from the left margin; and

  11. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(a)(23)(B)(i) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4881(b)(1)

    Pub. L. 107–107, § 1048(a)(23)(B)(i), substituted “in subsection (a), the Secretary of Defense shall—” for “in this section, the Secretary is authorized and directed to—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–107, § 1048(a)(23)(B)(i), substituted “in subsection (a), the Secretary of Defense shall—” for “in this section, the Secretary is authorized and directed to—” in introductory provisions.

    Enacted provision · exact public law section
    (i) by striking “in this section, the Secretary is authorized and directed to—” and inserting “in subsection (a), the Secretary of Defense shall—”; and

  12. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(a)(23)(B)(ii) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 4881(b)(1)(A)

    Pub. L. 107–107, § 1048(a)(23)(B)(ii), substituted “Defense Industrial Reserve” for “defense industrial reserve”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 107–107, § 1048(a)(23)(B)(ii), substituted “Defense Industrial Reserve” for “defense industrial reserve”.

    Enacted provision · exact public law section
    (ii) by striking “defense industrial reserve” in subparagraph (A) and inserting “Defense Industrial Reserve”; and

  13. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(a)(23)(C) · 115 Stat. 1012

    1. Redesignated · 10 U.S.C. § 4881(c)

      Pub. L. 107–107, § 1048(a)(23)(C), redesignated par. (2) as (1)

    2. Substituted · 10 U.S.C. § 4881(c)

      Pub. L. 107–107, § 1048(a)(23)(C), substituted “means—” for “means” in introductory provisions, realigned margins of subpars. (A) to (C) of par. (1)

    3. Inserted · 10 U.S.C. § 4881(c)

      Pub. L. 107–107, § 1048(a)(23)(C), inserted “and” after semicolon in subpar. (B)

    4. Redesignated · 10 U.S.C. § 4881(c)

      Pub. L. 107–107, § 1048(a)(23)(C), redesignated par. (3) as (2)

    5. Struck · 10 U.S.C. § 4881(c)

      Pub. L. 107–107, § 1048(a)(23)(C), struck out former par. (1) which read as follows: “The term ‘Secretary’ means Secretary of Defense.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–107, § 1048(a)(23)(C), redesignated par. (2) as (1), substituted “means—” for “means” in introductory provisions, realigned margins of subpars. (A) to (C) of par. (1) and inserted “and” after semicolon in subpar. (B), redesignated par. (3) as (2), and struck out former par. (1) which read as follows: “The term ‘Secretary’ means Secretary of Defense.”

    Enacted provision · exact public law section
    (C) in subsection (c)— (i) by striking paragraph (1); (ii) by redesignating paragraph (2) as paragraph (1) and in that paragraph— (I) by striking “means” and inserting “means—”; (II) by realigning clauses (A), (B), and (C) so that each such clause appears as a separate subparagraph indented four ems from the left margin; and (III) by inserting “and” at the end of subparagraph (B), as so realigned; and (iii) by redesignating paragraph (3) as paragraph (2).

  14. Pub. L. 107–217 § 3(b)(7) · 116 Stat. 1062

    Substituted · 10 U.S.C. § 4881(b)(1)(G)

    Pub. L. 107–217 substituted “chapter 5 of title 40” for “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(G). Pub. L. 107–217 substituted “chapter 5 of title 40” for “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”.

    Enacted provision · exact public law section
    (7) In section 2535(b)(1)(G), strike “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)” and substitute “chapter 5 of title 40”.

  15. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1870(e)(2)(A) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4881

    Pub. L. 116–283 renumbered section 2535 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283 renumbered section 2535 of this title as this section.

    Enacted provision · exact public law section
    (A) In general.— Sections 2535, 2538, 2539, and 2539a of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter IV, and redesignated as sections 4881, 4882, 4883, and 4884, respectively.

    Effective date note
    Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

28 of 28 references resolved to an enrolled provision

Editorial Notes

Codification

The text of section 451 of Title 50, War and National Defense, which was transferred to this section, designated subsec. (a), and amended by Pub. L. 102–484, § 4235(a)(2), was based on acts July 2, 1948, ch. 811, § 2, 62 Stat. 1225; , Pub. L. 93–155, title VIII, § 809, 87 Stat. 617.

The text of section 453 of Title 50 which was transferred to this section, designated subsec. (b), and amended by Pub. L. 102–484, § 4235(a)(3), was based on acts July 2, 1948, ch. 811, § 4, 62 Stat. 1226; , Pub. L. 93–155, title VIII, § 809, 87 Stat. 617; , Pub. L. 99–661, div. A, title XIII, § 1359(a), 100 Stat. 3999. For effective date of 1986 amendment, see section 1359(b) of Pub. L. 99–661.

The text of section 452 of Title 50 which was transferred to this section, designated subsec. (c), and amended by Pub. L. 102–484, § 4235(b), was based on acts July 2, 1948, ch. 811, § 3, 62 Stat. 1225; , Pub. L. 93–155, title VIII, § 809, 87 Stat. 617.

Amendments1992–2021 · 6 rounds

2021

Pub. L. 116–283 renumbered section 2535 of this title as this section.

2002

Subsec. (b)(1)(G). Pub. L. 107–217 substituted “chapter 5 of title 40” for “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”.

2001

Subsec. (a). Pub. L. 107–107, § 1048(a)(23)(A)(i), substituted “intent of Congress—” for “intent of Congress” in introductory provisions.

Subsec. (a)(1). Pub. L. 107–107, § 1048(a)(23)(A)(ii), (iii), substituted “armed forces” for “Armed Forces” and realigned margins.

Subsec. (a)(2) to (4). Pub. L. 107–107, § 1048(a)(23)(A)(ii), realigned margins.

Subsec. (b)(1). Pub. L. 107–107, § 1048(a)(23)(B)(i), substituted “in subsection (a), the Secretary of Defense shall—” for “in this section, the Secretary is authorized and directed to—” in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 107–107, § 1048(a)(23)(B)(ii), substituted “Defense Industrial Reserve” for “defense industrial reserve”.

Subsec. (c). Pub. L. 107–107, § 1048(a)(23)(C), redesignated par. (2) as (1), substituted “means—” for “means” in introductory provisions, realigned margins of subpars. (A) to (C) of par. (1) and inserted “and” after semicolon in subpar. (B), redesignated par. (3) as (2), and struck out former par. (1) which read as follows: “The term ‘Secretary’ means Secretary of Defense.”

1994

Subsec. (b)(1)(G). Pub. L. 103–337 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (ii) such institution or school shall by agreement make such provision as the Secretary shall deem satisfactory for the proper maintenance and care of such property and for its return, without expense to the Government, upon request of the Secretary.”

1993

Subsec. (b)(2)(B). Pub. L. 103–35 substituted “subparagraph (A)” for “paragraph (1)”.

1992

Pub. L. 102–484, § 4235(a), added section number and catchline.

Subsec. (a). Pub. L. 102–484, § 4235(a)(2), transferred the text of section 451 of Title 50, War and National Defense, to this section, designated it subsec. (a), inserted heading, and substituted “It” for “In enacting this chapter it” in introductory provisions. See Codification note above.

Subsec. (b). Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and designated it subsec. (b), inserted heading, redesignated former subsec. (a) of section 453 as par. (1), substituted “in this section” for “in this chapter” in introductory provisions, redesignated former pars. (1) to (7) as subpars. (A) to (G), respectively, in subpar. (G) redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated former subsec. (b) of section 453 as par. (2), and in par. (2) redesignated former par. (1) as subpar. (A), former subpars. (A) to (C) as cls. (i) to (iii), and former par. (2) as subpar. (B). See Codification note above.

Subsec. (c). Pub. L. 102–484, § 4235(b), transferred the text of section 452 of Title 50, War and National Defense, to the end of this section, designated it subsec. (c), inserted heading, and substituted “In this section:” for “As used in this chapter—” in introductory provisions. See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Treatment of Property Loaned Before December 31, 1993 to Educational Institutions or Training Schools

Pub. L. 103–337, div. A, title III, § 379(b), , 108 Stat. 2737, provided that: “Except for property determined by the Secretary of Defense to be needed by the Department of Defense, property loaned before , to an educational institution or training school under section 2535(b) of title 10, United States Code [now 10 U.S.C. 4881(b)], or section 4(a)(7) of the Defense Industrial Reserve Act (as in effect before [former section 453(a)(7) of Title 50, War and National Defense, see Codification and 1992 Amendment notes above]) shall be regarded as surplus property. Upon certification by the Secretary to the Administrator of General Services that the property is being used by the borrowing educational institution or training school for a purpose consistent with that for which the property was loaned, the Administrator may authorize the conveyance of all right, title, and interest of the United States in such property to the borrower if the borrower agrees to accept the property. The Administrator may require any additional terms and conditions in connection with a conveyance so authorized that the Administrator considers appropriate to protect the interests of the United States.”

Credits

1992–2021 · 6 acts
  1. 1992Added and amended Pub. L. 102–484, div. D, title XLII, § 4235, , 106 Stat. 2690, § 2535
  2. 1993Pub. L. 103–35, title II, § 201(c)(8), , 107 Stat. 98
  3. 1994Pub. L. 103–337, div. A, title III, § 379(a), , 108 Stat. 2737
  4. 2001Pub. L. 107–107, div. A, title X, § 1048(a)(23), , 115 Stat. 1224
  5. 2002Pub. L. 107–217, § 3(b)(7), , 116 Stat. 1295
  6. 2021renumbered § 4881, Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2)(A), , 134 Stat. 4286.
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(Added and amended Pub. L. 102–484, div. D, title XLII, § 4235, , 106 Stat. 2690, § 2535; Pub. L. 103–35, title II, § 201(c)(8), , 107 Stat. 98; Pub. L. 103–337, div. A, title III, § 379(a), , 108 Stat. 2737; Pub. L. 107–107, div. A, title X, § 1048(a)(23), , 115 Stat. 1224; Pub. L. 107–217, § 3(b)(7), , 116 Stat. 1295; renumbered § 4881, Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2)(A), , 134 Stat. 4286.)

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