10 U.S.C. § 2675 — Leases: foreign countries

Page 2083 TITLE 10—ARMED FORCES § 2675 sections (b), (c), (d), and (e), the terms ‘Pentagon Res- ervation’ and ‘National Capital Region’ shall be treated as including the land and physical facilities at the Raven Rock Mountain Complex.’’ 2011—Subsec. (e)(2). Pub. L. 111–383, § 2802(1), sub- stituted ‘‘Subject to paragraphs (3) and (4), monies’’ for ‘‘Monies’’. Subsec. (e)(3). Pub. L. 111–383, § 2802(2), added par. (3). Subsec. (e)(4). Pub. L. 112–81 designated existing pro- visions as subpar. (A), substituted ‘‘Except as provided in subparagraph (B), the authority’’ for ‘‘The author- ity’’, and added subpar. (B). Pub. L. 111–383, § 2802(2), added par. (4). 2003—Subsec. (g). Pub. L. 108–136 added subsec. (g). 2001—Subsec. (b). Pub. L. 107–107 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 1999—Subsec. (a)(3)(B). Pub. L. 106–65 substituted ‘‘Committee on Armed Services’’ for ‘‘Committee on National Security’’. 1996—Pub. L. 104–201, § 369(b)(1), substituted ‘‘of Pen- tagon Reservation and defense facilities in National Capital Region’’ for ‘‘of the Pentagon Reservation’’ in section catchline. Subsec. (a)(2). Pub. L. 104–106, § 1502(a)(24)(A), sub- stituted ‘‘congressional committees specified in para- graph (3)’’ for ‘‘Committees on Armed Services of the Senate and the House of Representatives, the Com- mittee on Environment and Public Works of the Sen- ate, and the Committee on Public Works and Transpor- tation of the House of Representatives’’. Subsec. (a)(3). Pub. L. 104–106, § 1502(a)(24)(B), added par. (3). Subsec. (b). Pub. L. 104–201, § 369(a), substituted ‘‘in the National Capital Region’’ for ‘‘at the Pentagon Res- ervation’’. 1991—Subsec. (b)(2). Pub. L. 102–190, § 2864, amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘shall have the same powers as sheriffs and constables to enforce the laws, rules, or regulations en- acted for the protection of persons and property.’’ Subsec. (c)(3). Pub. L. 102–190, § 1061(a)(18), substituted ‘‘misdemeanor’’ for ‘‘misdeameanor’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(16) is effective as of Dec. 23, 2016, and as if included in Pub. L. 114–328 as enacted. TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. COST OF PENTAGON RENOVATION Pub. L. 108–287, title VIII, § 8055, Aug. 5, 2004, 118 Stat. 982, provided that: ‘‘(a) LIMITATION ON PENTAGON RENOVATION COSTS.— Not later than the date each year on which the Presi- dent submits to Congress the budget under section 1105 of title 31, United States Code, the Secretary of Defense shall submit to Congress a certification that the total cost for the planning, design, construction, and instal- lation of equipment for the renovation of wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total cost for the plan- ning, design, construction, and installation of equip- ment for the renovation of wedge 1. ‘‘(b) ANNUAL ADJUSTMENT.—For purposes of applying the limitation in subsection (a), the Secretary shall ad- just the cost for the renovation of wedge 1 by any in- crease or decrease in costs attributable to economic in- flation, based on the most recent economic assump- tions issued by the Office of Management and Budget for use in preparation of the budget of the United States under section 1104 of title 31, United States Code. ‘‘(c) EXCLUSION OF CERTAIN COSTS.—For purposes of calculating the limitation in subsection (a), the total cost for wedges 2 through 5 shall not include— ‘‘(1) any repair or reconstruction cost incurred as a result of the terrorist attack on the Pentagon that occurred on September 11, 2001; ‘‘(2) any increase in costs for wedges 2 through 5 at- tributable to compliance with new requirements of Federal, State, or local laws; and ‘‘(3) any increase in costs attributable to additional security requirements that the Secretary of Defense considers essential to provide a safe and secure work- ing environment. ‘‘(d) CERTIFICATION COST REPORTS.—As part of the an- nual certification under subsection (a), the Secretary shall report the projected cost (as of the time of the certification) for— ‘‘(1) the renovation of each wedge, including the amount adjusted or otherwise excluded for such wedge under the authority of paragraphs (2) and (3) of subsection (c) for the period covered by the certifi- cation; and ‘‘(2) the repair and reconstruction of wedges 1 and 2 in response to the terrorist attack on the Pentagon that occurred on September 11, 2001. ‘‘(e) DURATION OF CERTIFICATION REQUIREMENT.—The requirement to make an annual certification under subsection (a) shall apply until the Secretary certifies to Congress that the renovation of the Pentagon Res- ervation is completed.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 108–87, title VIII, § 8055, Sept. 30, 2003, 117 Stat. 1084. Pub. L. 107–248, title VIII, § 8056, Oct. 23, 2002, 116 Stat. 1549. Pub. L. 107–117, div. A, title VIII, § 8060, Jan. 10, 2002, 115 Stat. 2260. ESTABLISHMENT OF MEMORIAL TO VICTIMS OF TER- RORIST ATTACK ON PENTAGON RESERVATION AND AU- THORITY TO ACCEPT MONETARY CONTRIBUTIONS FOR MEMORIAL AND REPAIR OF PENTAGON Pub. L. 107–107, div. B, title XXVIII, § 2864, Dec. 28, 2001, 115 Stat. 1333, provided that: ‘‘(a) MEMORIAL AUTHORIZED.—The Secretary of De- fense may establish a memorial at the Pentagon Res- ervation dedicated to the victims of the terrorist at- tack on the Pentagon that occurred on September 11, 2001. The Secretary shall use necessary amounts in the Pentagon Reservation Maintenance Revolving Fund es- tablished by section 2674(e) of title 10, United States Code, including amounts deposited in the Fund under subsection (c), to plan, design, construct, and maintain the memorial. ‘‘(b) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary of Defense may accept monetary contributions made for the purpose of assisting in— ‘‘(1) the establishment of the memorial to the vic- tims of the terrorist attack; and ‘‘(2) the repair of the damage caused to the Pen- tagon Reservation by the terrorist attack. ‘‘(c) DEPOSIT OF CONTRIBUTIONS.—The Secretary of Defense shall deposit contributions accepted under sub- section (b) in the Pentagon Reservation Maintenance Revolving Fund. The contributions shall be available for expenditure only for the purposes specified in sub- section (b).’’ § 2675. Leases: foreign countries (a) LEASE AUTHORITY; DURATION.—The Sec- retary of a military department may acquire by Page 2084 TITLE 10—ARMED FORCES § 2675 lease in foreign countries structures and real property relating to structures that are needed for military purposes other than for military family housing. A lease under this section may be for a period of up to 10 years, or 15 years in the case of a lease in Korea, and the rental for each yearly period may be paid from funds ap- propriated to that military department for that year. (b) AVAILABILITY OF FUNDS.—Appropriations available to the Department of Defense for oper- ation and maintenance or construction may be used for the acquisition of interests in land under this section. (Added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 91–511, title VI, § 608, Oct. 26, 1970, 84 Stat. 1224; Pub. L. 94–107, title VI, § 607(10), (11), Oct. 7, 1975, 89 Stat. 567; Pub. L. 95–82, title V, § 505(a), Aug. 1, 1977, 91 Stat. 371; Pub. L. 95–356, title V, § 503(b), Sept. 8, 1978, 92 Stat. 579; Pub. L. 96–125, title V, § 502(b), Nov. 26, 1979, 93 Stat. 940; Pub. L. 96–418, title V, § 504(b), Oct. 10, 1980, 94 Stat. 1765; Pub. L. 97–99, title VI, § 604, Dec. 23, 1981, 95 Stat. 1374; Pub. L. 97–214, § 8, July 12, 1982, 96 Stat. 174; Pub. L. 98–525, title XIV, § 1405(40), Oct. 19, 1984, 98 Stat. 2624; Pub. L. 101–510, div. A, title XIII, § 1322(a)(11), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 108–136, div. B, title XXVIII, § 2804(b), Nov. 24, 2003, 117 Stat. 1719; Pub. L. 108–375, div. B, title XXVIII, § 2821(d)(3), Oct. 28, 2004, 118 Stat. 2130; Pub. L. 109–364, div. B, title XXVIII, § 2824, Oct. 17, 2006, 120 Stat. 2476.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2675 ......... 5:171z–3. Aug. 3, 1956, ch. 939, § 417, 70 Stat. 1018. The words ‘‘that are not located on a military base’’ are substituted for the words ‘‘off-base’’. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–364 substituted ‘‘10 years’’ for ‘‘five years’’. 2004—Pub. L. 108–375 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2003—Pub. L. 108–136 inserted ‘‘or 15 years in the case of a lease in Korea,’’ after ‘‘five years,’’. 1990—Pub. L. 101–510 struck out ‘‘(a)’’ before ‘‘The Secretary’’ and struck out subsec. (b) which read as fol- lows: ‘‘A lease may not be entered into under this sec- tion for structures or related real property in any for- eign country if the average estimated annual rental during the term of the lease if more than $250,000 until after the expiration of 30 days from the date upon which a report of the facts concerning the proposed lease is submitted to the Committees on Armed Serv- ices of the Senate and House of Representatives.’’ 1984—Subsec. (b). Pub. L. 98–525 substituted ‘‘30’’ for ‘‘thirty’’. 1982—Subsec. (a). Pub. L. 97–214, § 8(a), substituted provisions that the Secretary of a military department may acquire by lease in foreign countries, structures and real property needed for military purposes other than for military family housing for up to a period of five years with the rental to be paid from funds appro- priated to that military department for that year, for former provisions that had allowed such leases includ- ing leases for military family housing and in the latter case for a period of up to 10 years. Subsec. (b). Pub. L. 97–214, § 8(b), struck out ‘‘or any other provision of law’’ after ‘‘into under this section’’, and ‘‘, family housing facilities,’’ after ‘‘for struc- tures’’. Subsecs. (c), (d). Pub. L. 97–214, § 8(c), struck out sub- sec. (c) which provided that a statement in a lease that the requirements of this section have been met, or that the lease is not subject to this section is conclusive, and subsec. (d) which related to limitations on expendi- tures for the rental of family housing in foreign coun- tries and limitations on the number of family housing units which may be leased in a foreign country at any one time. 1981—Subsec. (d)(1). Pub. L. 97–99, § 604(1), substituted ‘‘250’’ for ‘‘150’’. Subsec. (d)(2). Pub. L. 97–99, § 604(2), substituted ‘‘22,000’’ for ‘‘17,000’’. 1980—Subsec. (d)(1). Pub. L. 96–418 substituted ‘‘Ex- penditures for the rental of family housing in foreign countries (including the cost of utilities and mainte- nance and operation) may not exceed $1,115 per month for any unit’’ for ‘‘The average unit rental for Depart- ment of Defense family housing acquired by lease in foreign countries may not exceed $550 per month for the Department, and in no event shall the rental for any one unit exceed $970 per month, including the costs of operation, maintenance, and utilities’’. 1979—Subsec. (d)(1). Pub. L. 96–125, § 502(b)(1), sub- stituted ‘‘$550’’ for ‘‘$485’’ and ‘‘$970’’ for ‘‘$850’’. Subsec. (d)(2). Pub. L. 96–125, § 502(b)(2), substituted ‘‘17,000’’ for ‘‘18,000’’. 1978—Subsec. (d)(1). Pub. L. 95–356, § 503(b)(1), sub- stituted ‘‘$485’’ for ‘‘$435’’ and ‘‘$850’’ for ‘‘$760’’. Subsec. (d)(2). Pub. L. 95–356, § 503(b)(2), substituted ‘‘18,000’’ for ‘‘15,000’’. 1977—Subsec. (a). Pub. L. 95–82, § 505(a)(1), inserted provisions relating to military family housing facilities and real property related thereto. Subsec. (b). Pub. L. 95–82, § 505(a)(2), inserted ‘‘or any other provision of law for structures, family housing fa- cilities, or related real property in any foreign coun- try,’’ after ‘‘section’’. Subsec. (d). Pub. L. 95–82, § 505(a)(3), added subsec. (d). 1975—Pub. L. 94–107 struck out reference to structures not on a military base in section catchline, and struck out ‘‘that are not located on a military base and’’ after ‘‘structures and real property relating thereto’’ in sub- sec. (a). 1970—Pub. L. 91–511 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–418, title VI, § 608, Oct. 10, 1980, 94 Stat. 1774, provided that: ‘‘Titles I, II, III, IV, and V [enacting section 2775 of this title and section 1594h–3 of Title 42, The Public Health and Welfare, amending this section, section 2686 of this title, and sections 1594a–1 and 1594h–2 of Title 42, and repealing provisions set out as a note under section 4593 of this title] shall take effect on October 1, 1980.’’ EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–82, title V, § 505(c), Aug. 1, 1977, 91 Stat. 372, provided that: ‘‘The amendments made by subsection (a) [amending this section] and the repeal made by sub- section (b) [repealing section 507(b) of Pub. L. 93–166, which was not classified to the Code] shall take effect October 1, 1977.’’ Page 2085 TITLE 10—ARMED FORCES § 2679 [§ 2676. Renumbered § 2664] [§ 2677. Repealed. Pub. L. 110–181, div. B, title XXVIII, § 2822(b)(1), Jan. 28, 2008, 122 Stat. 544] Section, added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460; amended Pub. L. 87–554, title VI, § 607, July 27, 1962, 76 Stat. 242; Pub. L. 92–145, title VII, § 707(4), Oct. 27, 1971, 85 Stat. 412; Pub. L. 94–273, § 6(3), Apr. 21, 1976, 90 Stat. 377; Pub. L. 97–214, § 10(a)(5)(A), (B), July 12, 1982, 96 Stat. 175; Pub. L. 97–375, title I, § 104(b), Dec. 21, 1982, 96 Stat. 1819; Pub. L. 98–407, title VIII, § 803, Aug. 28, 1984, 98 Stat. 1519; Pub. L. 102–190, div. B, title XXVIII, § 2861, Dec. 5, 1991, 105 Stat. 1559; Pub. L. 103–35, title II, § 201(c)(9), May 31, 1993, 107 Stat. 98; Pub. L. 107–314, div. A, title X, § 1062(a)(12), Dec. 2, 2002, 116 Stat. 2650, related to options on property required for mili- tary construction projects. § 2678. Feral horses and burros: removal from military installations When feral horses or burros are found on an in- stallation under the jurisdiction of the Sec- retary of a military department, the Secretary may use helicopters and motorized equipment for their removal. (Added Pub. L. 101–510, div. A, title XIV, § 1481(h)(1), Nov. 5, 1990, 104 Stat. 1708.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–165, title IX, § 9030, Nov. 21, 1989, 103 Stat. 1135, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, § 1481(h)(3). A prior section 2678, added Pub. L. 85–861, § 1(51), Sept. 2, 1958, 72 Stat. 1460, related to acquisition of mortgaged housing units, prior to repeal by Pub. L. 97–214, §§ 7(1), 12(a), July 12, 1982, 96 Stat. 173, 176, effective 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. § 2679. Installation-support services: intergovern- mental support agreements (a) IN GENERAL.—(1) Notwithstanding any other provision of law governing the award of Federal Government contracts for goods and services, the Secretary concerned may enter into an intergovernmental support agreement, on a sole source basis, with a State, local, or tribal government to provide, receive, or share installation-support services if the Secretary de- termines that the agreement will serve the best interests of the department by enhancing mis- sion effectiveness or creating efficiencies or economies of scale, including by reducing costs. (2) An intergovernmental support agreement under paragraph (1)— (A) may be for a term not to exceed ten years; and (B) may use, for installation-support serv- ices provided by a State, local, or tribal gov- ernment, wage grades normally paid by that State, local, or tribal government. (3) An intergovernmental support agreement under paragraph (1) may only be used when the Secretary concerned or the State, local, or trib- al government, as the case may be, providing the installation-support services already pro- vides such services for its own use. (4) Any contract for the provision of installa- tion-support services awarded by the Federal Government or a State, local, or tribal govern- ment pursuant to an intergovernmental support agreement provided in subsection (a) shall be awarded on a competitive basis. (b) EFFECT ON FIRST RESPONDER ARRANGE- MENTS.—The authority provided by this section and limitations on the use of that authority are not intended to revoke, preclude, or otherwise interfere with existing or proposed mutual-aid agreements relating to police or fire protection services or other similar first responder agree- ments or arrangements. (c) AVAILABILITY OF FUNDS.—Funds available to the Secretary concerned for operation and maintenance may be used to pay for such instal- lation-support services. The costs of agreements under this section for any fiscal year may be paid using annual appropriations made available for that year. Funds received by the Secretary as reimbursement for providing installation-sup- port services pursuant to such an agreement shall be credited to the appropriation or account charged with providing installation support. (d) EFFECT ON OMB CIRCULAR A-76.— The Sec- retary concerned shall ensure that intergovern- mental support agreements authorized by this section are not used to circumvent the require- ments of Office of Management and Budget Cir- cular A-76 regarding public-private competi- tions. (e) PILOT PROGRAM FOR USE OF COST SAVINGS REALIZED.—(1) Each Secretary concerned shall conduct a pilot program under which the Sec- retary will make available to the commander of each military installation for which cost savings are realized as a result of an intergovernmental support agreement entered into under this sec- tion an amount equal to not less than 25 percent of the amount of such cost savings for that mili- tary installation for a fiscal year. (2) Amounts made available to an installation commander under paragraph (1) shall be used solely to address sustainment restoration and modernization requirements that have been ap- proved by the major subordinate command or equivalent component. (3) With respect to each military installation for which amounts are made available to the in- stallation commander under paragraph (1), the Secretary concerned shall certify, not less fre- quently than annually for each fiscal year of the pilot program, to the congressional defense com- mittees the following: (A) The name of the installation and the amount of the cost savings achieved at the in- stallation. (B) The source and type of intergovern- mental support agreement that achieved the cost savings. (C) The amount of the cost savings made available to the installation commander under paragraph (1). (D) The sustainment restoration and mod- ernization purposes for which the amount made available under paragraph (1) were used. (4) The authority to conduct the pilot program shall expire September 30, 2025. (f) DEFINITIONS.—In this section: (1) The term ‘‘installation-support services’’ means those services, supplies, resources, and