Title 6 — Domestic Security
Part B · Chapter 2 — National Emergency Management
§ 765. Real property transactions
Statutory text
Reports to the Armed Services Committees
The Director of the Office of Civil and Defense Mobilization, or his designee, may not enter into any of the following listed transactions by or for the use of that agency until after the expiration of thirty days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives:
An acquisition of fee title to any real property, if the estimated price is more than $50,000.
A lease of any real property to the United States, if the estimated annual rental is more than $50,000.
A lease of real property owned by the United States, if the estimated annual rental is more than $50,000.
A transfer of real property owned by the United States to another Federal agency or to a State, if the estimated value is more than $50,000.
A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $50,000.
If a transaction covered by clause (1) or (2) is part of a project, the report must include a summarization of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made.
Annual reports to Armed Services Committees
The Director of the Office of Civil and Defense Mobilization shall report annually to the Committees on Armed Services of the Senate and the House of Representatives on transactions described in subsection (a) that involve an estimated value of more than $5,000 but not more than $50,000.
Real property governed by this section
This section applies only to real property in the States of the Union, the District of Columbia, and Puerto Rico. It does not apply to real property for river and harbor projects or flood-control projects, or to leases of Government-owned real property for agricultural or grazing purposes.
Recital of compliance in instrument of conveyance as conclusive
A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.
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.
Aug. 10, 1956, ch. 1041, § 43, 70A Stat. 636 · 70A Stat. 636
Enacted · 6 U.S.C. § 765
Aug. 10, 1956, ch. 1041, § 43, 70A Stat. 636
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, § 43, 70A Stat. 636Alaska Omnibus Act
Pub. L. 86–70 § 37 · 73 Stat. 141
Struck · 6 U.S.C. § 765(c)
Pub. L. 86–70 struck out “Alaska,” after “United States,”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–70 struck out “Alaska,” after “United States,”.Enacted provision · exact public law section
Sec. 37. real property transactions Section 43(c) of the Act of August 10, 1956 (50 U.S.C. 70A Stat. 636. app., supp. V, sec. 2285(c)), is amended by striking out the word “Alaska,”.Military Construction Act of 1960
Pub. L. 86–500 title V § 512 · 74 Stat. 166
Substituted · 6 U.S.C. § 765(a)
Pub. L. 86–500 substituted “Director of the Office of Civil and Defense Mobilization” for “Administrator of the Federal Civil Defense Administration”, prohibited the Director from entering into any of the transactions listed in subsec. (a) until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives, and increased the amounts in cls. (1) to (5) from $25,000 to $50,000
Source evidence
Code amendment note
Subsec. (a). Pub. L. 86–500 substituted “Director of the Office of Civil and Defense Mobilization” for “Administrator of the Federal Civil Defense Administration”, prohibited the Director from entering into any of the transactions listed in subsec. (a) until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives, and increased the amounts in cls. (1) to (5) from $25,000 to $50,000.Enacted provision · exact public law section
Sec. 512. Section 43 of the Act of August 10, 1956 (70A Stat. 636, 50 U.S.C. App. 2285), is amended to read: “§43. Real property transactions “(a) The Director of the Office of Civil and Defense Mobilization, or Office of Civil and Defense Mobilization. Report to Congress. his designee, may not enter into any of the following listed transactions by or for the use of that agency until after the expiration of thirty days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives: “(1) An acquisition of fee title to any real property, if the estimated price is more than $50,000. “(2) A lease of any real property to the United States, if the estimated annual rental is more than $50,000. “(3) A lease of real property owned by the United States, if the estimated annual rental is more than $50,000. “(4) A transfer of real property owned by the United States to another Federal agency or another military department, or to a State, if the estimated value is more than $50,000. “(5) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $50,000. If a transaction covered by clause (1) or (2) is part of a project, the report must include a summarization of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made. “(b) The Director of the Office of Civil and Defense Mobilization shall report quarterly to the Committee on Armed Services of the Senate and the House of Representatives on transactions described in subsection (a) that involve an estimated value of more than $5,000 but not more than $50,000. “(c) This section applies only to real property in the United States and Puerto Rico. It does not apply to real property for river and harbor projects or flood-control projects, or to leases of Government-owned real property for agricultural or grazing purposes. “(d) A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.”Military Construction Act of 1960
Pub. L. 86–500 title V § 512 · 74 Stat. 166
Substituted · 6 U.S.C. § 765(b)
Pub. L. 86–500 substituted “Director of the Office of Civil and Defense Mobilization” for “Administrator”
Substituted · 6 U.S.C. § 765(b)
Pub. L. 86–500 substituted “$50,000” for “$25,000”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 86–500 substituted “Director of the Office of Civil and Defense Mobilization” for “Administrator” and “$50,000” for “$25,000”.Enacted provision · exact public law section
Sec. 512. Section 43 of the Act of August 10, 1956 (70A Stat. 636, 50 U.S.C. App. 2285), is amended to read: “§43. Real property transactions “(a) The Director of the Office of Civil and Defense Mobilization, or Office of Civil and Defense Mobilization. Report to Congress. his designee, may not enter into any of the following listed transactions by or for the use of that agency until after the expiration of thirty days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives: “(1) An acquisition of fee title to any real property, if the estimated price is more than $50,000. “(2) A lease of any real property to the United States, if the estimated annual rental is more than $50,000. “(3) A lease of real property owned by the United States, if the estimated annual rental is more than $50,000. “(4) A transfer of real property owned by the United States to another Federal agency or another military department, or to a State, if the estimated value is more than $50,000. “(5) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $50,000. If a transaction covered by clause (1) or (2) is part of a project, the report must include a summarization of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made. “(b) The Director of the Office of Civil and Defense Mobilization shall report quarterly to the Committee on Armed Services of the Senate and the House of Representatives on transactions described in subsection (a) that involve an estimated value of more than $5,000 but not more than $50,000. “(c) This section applies only to real property in the United States and Puerto Rico. It does not apply to real property for river and harbor projects or flood-control projects, or to leases of Government-owned real property for agricultural or grazing purposes. “(d) A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.”Military Construction Act of 1960
Pub. L. 86–500 title V § 512 · 74 Stat. 166
Struck · 6 U.S.C. § 765(c)
Pub. L. 86–500 struck out “, Hawaii,” after “United States”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 86–500 struck out “, Hawaii,” after “United States”.Enacted provision · exact public law section
Sec. 512. Section 43 of the Act of August 10, 1956 (70A Stat. 636, 50 U.S.C. App. 2285), is amended to read: “§43. Real property transactions “(a) The Director of the Office of Civil and Defense Mobilization, or Office of Civil and Defense Mobilization. Report to Congress. his designee, may not enter into any of the following listed transactions by or for the use of that agency until after the expiration of thirty days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives: “(1) An acquisition of fee title to any real property, if the estimated price is more than $50,000. “(2) A lease of any real property to the United States, if the estimated annual rental is more than $50,000. “(3) A lease of real property owned by the United States, if the estimated annual rental is more than $50,000. “(4) A transfer of real property owned by the United States to another Federal agency or another military department, or to a State, if the estimated value is more than $50,000. “(5) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $50,000. If a transaction covered by clause (1) or (2) is part of a project, the report must include a summarization of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made. “(b) The Director of the Office of Civil and Defense Mobilization shall report quarterly to the Committee on Armed Services of the Senate and the House of Representatives on transactions described in subsection (a) that involve an estimated value of more than $5,000 but not more than $50,000. “(c) This section applies only to real property in the United States and Puerto Rico. It does not apply to real property for river and harbor projects or flood-control projects, or to leases of Government-owned real property for agricultural or grazing purposes. “(d) A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.”Military Construction Act of 1960
Pub. L. 86–500 title V § 512 · 74 Stat. 166
Changed · 6 U.S.C. § 765(d)
Pub. L. 86–500 reenacted subsection without change
Source evidence
Code amendment note
Subsec. (d). Pub. L. 86–500 reenacted subsection without change.Enacted provision · exact public law section
Sec. 512. Section 43 of the Act of August 10, 1956 (70A Stat. 636, 50 U.S.C. App. 2285), is amended to read: “§43. Real property transactions “(a) The Director of the Office of Civil and Defense Mobilization, or Office of Civil and Defense Mobilization. Report to Congress. his designee, may not enter into any of the following listed transactions by or for the use of that agency until after the expiration of thirty days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives: “(1) An acquisition of fee title to any real property, if the estimated price is more than $50,000. “(2) A lease of any real property to the United States, if the estimated annual rental is more than $50,000. “(3) A lease of real property owned by the United States, if the estimated annual rental is more than $50,000. “(4) A transfer of real property owned by the United States to another Federal agency or another military department, or to a State, if the estimated value is more than $50,000. “(5) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $50,000. If a transaction covered by clause (1) or (2) is part of a project, the report must include a summarization of the general plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made. “(b) The Director of the Office of Civil and Defense Mobilization shall report quarterly to the Committee on Armed Services of the Senate and the House of Representatives on transactions described in subsection (a) that involve an estimated value of more than $5,000 but not more than $50,000. “(c) This section applies only to real property in the United States and Puerto Rico. It does not apply to real property for river and harbor projects or flood-control projects, or to leases of Government-owned real property for agricultural or grazing purposes. “(d) A statement in an instrument of conveyance, including a lease, that the requirements of this section have been met, or that the conveyance is not subject to this section, is conclusive.”Hawaii Omnibus Act
Pub. L. 86–624 § 38 · 74 Stat. 411
Substituted · 6 U.S.C. § 765(c)
Pub. L. 86–624 substituted “States of the Union, the District of Columbia” for “United States, Hawaii.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–624 substituted “States of the Union, the District of Columbia” for “United States, Hawaii.”Enacted provision · exact public law section
Sec. 38. real property transactions Section 43(c) of the Act of August 10, 1956 (70A Stat. 636), as amended, is further amended by striking out the words 50 USC app. 2285. “United States, Hawaii,” and inserting in lieu thereof the words “States of the Union, the District of Columbia,”.Congressional Reports Elimination Act of 1980
Pub. L. 96–470 title II § 202(c) · 94 Stat. 2237
Substituted · 6 U.S.C. § 765(b)
Pub. L. 96–470 substituted “annually” for “quarterly”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–470 substituted “annually” for “quarterly”.Enacted provision · exact public law section
(c) Section 43(b) of the Act of August 10, 1956, entitled “An Act to revise, codify, and enact into law, title 10 of the United States Code, entitled ‘Armed Forces’, and title 32 of the United States Code, entitled ‘National Guard’ ” (50 U.S.C. App. 2285; 70A Stat. 636) is amended by striking out “quarterly” and inserting in lieu thereof “annually”.
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was formerly classified to section 2285 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as this section.
Prior to classification as section 2285, section was formerly classified to section 171x of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, , 80 Stat. 378.
Section was enacted as a part of act Aug. 10, 1956, ch. 1041, and not as part of the Post-Katrina Emergency Management Reform Act of 2006 which comprises this chapter.
Amendments1959–1980 · 3 rounds
1980
Subsec. (b). Pub. L. 96–470 substituted “annually” for “quarterly”.
1960
Subsec. (a). Pub. L. 86–500 substituted “Director of the Office of Civil and Defense Mobilization” for “Administrator of the Federal Civil Defense Administration”, prohibited the Director from entering into any of the transactions listed in subsec. (a) until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed transaction is submitted to the Committees on Armed Services of the Senate and House of Representatives, and increased the amounts in cls. (1) to (5) from $25,000 to $50,000.
Subsec. (b). Pub. L. 86–500 substituted “Director of the Office of Civil and Defense Mobilization” for “Administrator” and “$50,000” for “$25,000”.
Subsec. (c). Pub. L. 86–624 substituted “States of the Union, the District of Columbia” for “United States, Hawaii.”
Pub. L. 86–500 struck out “, Hawaii,” after “United States”.
Subsec. (d). Pub. L. 86–500 reenacted subsection without change.
1959
Subsec. (c). Pub. L. 86–70 struck out “Alaska,” after “United States,”.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective , of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under 50 U.S.C. app. 2285(b) (now subsec. (b) of this section) is listed as the 10th item on page 169), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Transfer of Functions
Pub. L. 85–763, , 72 Stat. 861, amended Reorg. Plan No. 1 of 1958 by redesignating Office of Defense and Civilian Mobilization as Office of Civil and Defense Mobilization.
Pub. L. 87–296, , 75 Stat. 630, amended Reorg. Plan No. 1 of 1958 by redesignating Office of Civil and Defense Mobilization as Office of Emergency Planning.
Office of Emergency Planning renamed Office of Emergency Preparedness pursuant to section 402 of Pub. L. 90–608, , 82 Stat. 1194, which provided that references to Office of Emergency Planning after , should be deemed references to Office of Emergency Preparedness.
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of this title.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of this title, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of this title.
Executive Documents
Transfer of Functions
Functions of Federal Civil Defense Administration transferred to President by section 1 of Reorg. Plan No. 1 of 1958, eff. , 23 F.R. 4991, 72 Stat. 1799, as amended, set out as a note under section 5195 of Title 42, The Public Health and Welfare. The Plan created a new agency in Executive Office of President known as Office of Defense and Civilian Mobilization.
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of Reorg. Plan No. 1 of 1973, eff. , 38 F.R. 9579, 87 Stat. 1089, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
Functions vested in Director of Office of Emergency Preparedness as of , by Executive Order, proclamation, or other directive issued by or on behalf of President or otherwise, with certain exceptions, transferred to Administrator of General Services, effective , by Ex. Ord. No. 11725, § 3, eff. , 38 F.R. 17175, formerly set out as a note under section 2271 of the former Appendix to Title 50, War and National Defense.
Functions of Administrator of Federal Civil Defense Administration under this section, previously transferred to President, delegated to Director of Federal Emergency Management Agency by section 4–105 of Ex. Ord. No. 12148, , 44 F.R. 43242, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
Credits
1956–1980 · 5 acts
- 1956Aug. 10, 1956, ch. 1041, § 43, 70A Stat. 636
- 1959Pub. L. 86–70, § 37, , 73 Stat. 150
- 1960Pub. L. 86–500, title V, § 512, , 74 Stat. 187
- 1960Pub. L. 86–624, § 38, , 74 Stat. 421
- 1980Pub. L. 96–470, title II, § 202(c), , 94 Stat. 2242.
Show as published
(Aug. 10, 1956, ch. 1041, § 43, 70A Stat. 636; Pub. L. 86–70, § 37, , 73 Stat. 150; Pub. L. 86–500, title V, § 512, , 74 Stat. 187; Pub. L. 86–624, § 38, , 74 Stat. 421; Pub. L. 96–470, title II, § 202(c), , 94 Stat. 2242.)