Historical and Revision Notes
Subsection (a) of this section and sections 2241(a) and 2253(b) of this title are based on Pub. L. 98–212, title VII, § 735, Dec. 8, 1983, 97 Stat. 1444, as amended by Pub. L. 98–525, title XIV, §§ 1403(a)(2), 1404, Oct. 19, 1984, 98 Stat. 2621.
Subsection (b) is based on Pub. L. 99–190, § 101(b) [title VIII, § 8005(d), (f)], Dec. 19, 1985, 99 Stat. 1185, 1202.
A prior section 2661, act Aug. 10, 1956, ch. 1041, 70A Stat. 147, related to planning and construction of public works projects by military departments, prior to repeal by Pub. L. 97–214, § 7(1), July 12, 1982, 96 Stat. 173, eff. 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.
Effective Date of 2011 Amendment
Pub. L. 112–81, div. B, title XXVIII, § 2863(b), Dec. 31, 2011, 125 Stat. 1702, provided that:
“The prohibition in subsection (c) of section 2661 of title 10
, United States
Code, as added by subsection (a), shall apply only with respect to real property
of the Department of Defense
named after the date of the enactment of this Act [Dec. 31, 2011
Prioritization of Environmental Impacts for Facilities Sustainment, Restoration, and Modernization Demolition
Pub. L. 115–232, div. A, title III, § 359, Aug. 13, 2018, 132 Stat. 1733, provided that:
“The Secretary of Defense shall establish prioritization metrics for facilities deemed eligible for demolition within the Facilities Sustainment, Restoration, and Modernization (FSRM) process. Those metrics shall include full spectrum readiness and environmental impacts, including the removal of contamination.”
Increased Percentage of Sustainment Funds Authorized for Realignment to Restoration and Modernization at Each Installation
Pub. L. 115–91, div. A, title III, § 322, Dec. 12, 2017, 131 Stat. 1353, provided that:
The Secretary of Defense may authorize an installation commander to realign up to 7.5 percent of an installation’s sustainment funds to restoration and modernization.
The authority under subsection (a) shall expire at the close of September 30, 2022.
The terms ‘sustainment’, ‘restoration’, and ‘modernization’ have the meanings given the terms in the Department of Defense Financial Management Regulation.”
Disclosure of Beneficial Ownership by Foreign Persons of High Security Space Leased by the Department of Defense
Pub. L. 115–91, div. B, title XXVIII, § 2876, Dec. 12, 2017, 131 Stat. 1871, as amended by Pub. L. 115–232, div. A, title X, § 1081(c)(7), Aug. 13, 2018, 132 Stat. 1985, provided that:
“(a)Identification of Beneficial Ownership.—Before entering into a lease agreement with a covered entity for accommodation of a military department or Defense Agency in a building (or other improvement) that will be used for high-security leased space, the Department of Defense shall require the covered entity to—
“(1) identify each beneficial owner of the covered entity by—
current residential or business street address; and
disclose to the Department of Defense
any beneficial owner of the covered entity
that is a foreign person.
“(b) Required Disclosure.—
The Secretary of Defense
shall require a covered entity
to provide the information required under subsection (a), when first submitting a proposal
in response to a solicitation for offers issued by the Department.
“(2)Updates.—The Secretary of Defense shall require a covered entity to update a submission of information required under subsection (a) not later than 60 days after the date of any change in—
the information required to be provided relating to each such beneficial owner.
If a covered entity
discloses a foreign person as a beneficial owner of a building (or other improvement) from which the Department of Defense
is leasing high-security leased space, the Department of Defense
shall notify the tenant of the space to take appropriate security precautions.
“(d) Definitions.—In this section:
“(1) Beneficial owner.—
“(A)In general.—The term ‘beneficial owner’—
“(i) means, with respect to a covered entity, each natural person who, directly or indirectly—
exercises control over the covered entity
through ownership interests, voting rights, agreements, or otherwise; or
has an interest in or receives substantial economic benefits from the assets of the covered entity
“(ii) does not include, with respect to a covered entity—
a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
a person acting solely as an employee of the covered entity
and whose control over or economic benefits from the covered entity
derives solely from the employment status of the person;
a person whose only interest in the covered entity
is through a right of inheritance, unless the person otherwise meets the definition of ‘beneficial owner’ under this paragraph; and
a creditor of the covered entity
, unless the creditor otherwise meets the requirements of ‘beneficial owner’ described above.
The exceptions under subparagraph (A)(ii) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this section.
The term ‘covered entity
’ means a person, copartnership, corporation, or other public or private entity.
The term ‘foreign person’ means an individual who is not a United States person
or an alien lawfully admitted for permanent residence into the United States.
“(4)High-security leased space.—
The term ‘high-security leased space’ means a space leased by the Department of Defense that has a security level of III, IV, or V, as determined in accordance with the Interagency Security Committee Risk Management Process.
[Pub. L. 115–232, div. A, title X, § 1081(c), Aug. 13, 2018, 132 Stat. 1985, provided that the amendment made by section 1081(c)(7) to section 2876 of Pub. L. 115–91, set out above, is effective as of Dec. 12, 2017, and as if included in Pub. L. 115–91 as enacted.]
Pilot Program to Provide Additional Tools for Efficient Operation of Military Installations
Pub. L. 107–107, div. B, title XXVIII, § 2813, Dec. 28, 2001, 115 Stat. 1308, authorized the Secretary of Defense, until Dec. 31, 2005, to carry out a pilot program, known as the “Pilot Efficient Facilities Initiative”, for purposes of determining the potential for increasing the efficiency and effectiveness of the operation of military installations.
Study of Establishment of Land Management and Training Center
Pub. L. 103–337, div. A, title III, § 329, Oct. 5, 1994, 108 Stat. 2715, directed Secretary of the Army to submit to Congress not later than May 1, 1996, a study and report on feasibility and advisability of establishing a center for land management activities and land management training activities of Department of Defense.