10 U.S.C. § 2661a — Untitled legal text

Page 2055 TITLE 10—ARMED FORCES [§ 2661a ‘‘(2) The term ‘qualified individual’ means an indi- vidual who is certified by the Environmental Protec- tion Agency or by a State as— ‘‘(A) a lead-based paint inspector; or ‘‘(B) a lead-based paint risk assessor.’’ PRIORITIZATION OF ENVIRONMENTAL IMPACTS FOR FA- CILITIES SUSTAINMENT, RESTORATION, AND MOD- ERNIZATION 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 read- iness and environmental impacts, including the re- moval of contamination.’’ INCREASED PERCENTAGE OF SUSTAINMENT FUNDS AU- THORIZED 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 could authorize an installation commander to realign up to 7.5 percent of an installation’s sustainment funds to restoration and modernization, and such authority would expire at the close of Sept. 30, 2022. 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, pro- vided that: ‘‘(a) IDENTIFICATION OF BENEFICIAL OWNERSHIP.—Be- fore entering into a lease agreement with a covered en- tity 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 De- partment of Defense shall require the covered entity to— ‘‘(1) identify each beneficial owner of the covered entity by— ‘‘(A) name; ‘‘(B) current residential or business street ad- dress; and ‘‘(C) in the case of a United States person, a unique identifying number from a nonexpired pass- port issued by the United States or a nonexpired drivers license issued by a State; and ‘‘(2) disclose to the Department of Defense any ben- eficial owner of the covered entity that is a foreign person. ‘‘(b) REQUIRED DISCLOSURE.— ‘‘(1) INITIAL DISCLOSURE.—The Secretary of Defense shall require a covered entity to provide the informa- tion required under subsection (a), when first submit- ting a proposal in response to a solicitation for offers issued by the Department. ‘‘(2) UPDATES.—The Secretary of Defense shall re- quire a covered entity to update a submission of in- formation required under subsection (a) not later than 60 days after the date of any change in— ‘‘(A) the list of beneficial owners of the covered entity; or ‘‘(B) the information required to be provided re- lating to each such beneficial owner. ‘‘(c) PRECAUTIONS.—If a covered entity discloses a for- eign 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 ap- propriate 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— ‘‘(I) exercises control over the covered entity through ownership interests, voting rights, agreements, or otherwise; or ‘‘(II) has an interest in or receives substantial economic benefits from the assets of the cov- ered entity; and ‘‘(ii) does not include, with respect to a covered entity— ‘‘(I) a minor child; ‘‘(II) a person acting as a nominee, inter- mediary, custodian, or agent on behalf of an- other person; ‘‘(III) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity de- rives solely from the employment status of the person; ‘‘(IV) a person whose only interest in the cov- ered entity is through a right of inheritance, unless the person otherwise meets the defini- tion of ‘beneficial owner’ under this paragraph; and ‘‘(V) a creditor of the covered entity, unless the creditor otherwise meets the requirements of ‘beneficial owner’ described above. ‘‘(B) ANTI-ABUSE RULE.—The exceptions under subparagraph (A)(ii) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this section. ‘‘(2) COVERED ENTITY.—The term ‘covered entity’ means a person, copartnership, corporation, or other public or private entity. ‘‘(3) FOREIGN PERSON.—The term ‘foreign person’ means an individual who is not a United States per- son or an alien lawfully admitted for permanent resi- dence 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. ‘‘(5) UNITED STATES PERSON.—The term ‘United States person’ means a natural person who is a cit- izen of the United States or who owes permanent al- legiance to the United States.’’ [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 in- cluded 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 pur- poses 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. [§ 2661a. Repealed. Pub. L. 97–295, § 1(31)(A), Oct. 12, 1982, 96 Stat. 1296] Section, added Pub. L. 97–258, § 2(b)(6)(B), Sept. 13, 1982, 96 Stat. 1054, authorized appropriations for ad- vance design of military public works not otherwise au- thorized and for construction management of foreign government funded projects used primarily by United Page 2056 TITLE 10—ARMED FORCES § 2662 States armed forces, and required preliminary reports to Congress on military public works whose projected advance costs exceeded a specified level. The repeal of this section by Pub. L. 97–295 reflected the effect of section 7(2) and (8) of the Military Con- struction Codification Act (Pub. L. 97–214, July 12, 1982, 96 Stat. 173), which repealed the source statutes of this section (subsec. (a) was based on acts Sept. 28, 1951, ch. 434, § 504, 65 Stat. 364; July 15, 1955, ch. 368, § 512, 69 Stat. 352; Dec. 23, 1981, Pub. L. 97–99, § 902, 95 Stat. 1381 (31 U.S.C. 723); and subsec. (b) was based on acts Sept. 12, 1966, Pub. L. 89–568, § 612, 80 Stat. 756; Dec. 27, 1974, Pub. L. 93–552, § 607, 88 Stat. 1763 (31 U.S.C. 723a)) subsequent to Apr. 15, 1982, the cut-off date prescribed by section 4(a) of Pub. L. 97–258, section 2(b)(6)(B) of which enacted this section. § 2662. Real property transactions: reports to congressional committees (a) GENERAL NOTICE AND WAIT REQUIRE- MENTS.—(1) The Secretary of a military depart- ment or, with respect to a Defense Agency, the Secretary of Defense may not enter into any of the following listed transactions by or for the use of that department until the Secretary con- cerned submits a report, subject to paragraph (3), to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives: (A) An acquisition of fee title to any real property, if the estimated price is more than $750,000. (B) A lease of any real property to the United States, if the estimated annual rental is more than $750,000. (C) A lease, license, or easement of real prop- erty owned by the United States (other than a lease or license entered into under section 2667(g) of this title), if the estimated annual fair market rental value of the property is more than $750,000. (D) 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 $750,000. (E) A report of excess real property owned by the United States to a disposal agency, if the estimated value is more than $750,000. (F) Any termination or modification by ei- ther the grantor or grantee of an existing li- cense or permit of real property owned by the United States to a military department, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military depart- ment. (G) Any transaction or contract action that results in, or includes, the acquisition or use by, or the lease or license to, the United States of real property, if the estimated an- nual rental or cost for the use of the real prop- erty is more than $750,000. (H) Any transaction or contract action for the provision and operation of energy produc- tion facilities on real property under the juris- diction of the Secretary of a military depart- ment, as authorized by section 2922a(a)(2) of this title, if the term of the transaction or contract exceeds 20 years. (2) If a transaction covered by subparagraph (A) or (B) of paragraph (1) is part of a project, the report shall include a summary of the gen- eral plan for that project, including an estimate of the total cost of the lands to be acquired or leases to be made, as well as the certification described in paragraph (5). The report required by this subsection concerning any report of ex- cess real property described in subparagraph (E) of paragraph (1) shall contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such property for other real property authorized to be acquired for military purposes and has determined that the property proposed to be declared excess is not suitable for such purpose. (3) The authority of the Secretary concerned to enter into a transaction described in para- graph (1) commences only after the end of the 14-day period beginning on the first day of the first month beginning on or after the date on which the report containing the facts con- cerning such transaction, and all other such pro- posed transactions for that month, is provided in an electronic medium pursuant to section 480 of this title. (4) The report for a month under this sub- section may not be submitted later than the first day of that month. (5) For purposes of paragraph (2), the certifi- cation described in this paragraph with respect to an acquisition or lease of real property is a certification that the Secretary concerned— (A) evaluated the feasibility of using space in property under the jurisdiction of the De- partment of Defense to satisfy the purposes of the acquisition or lease; and (B) determined that— (i) space in property under the jurisdiction of the Department of Defense is not reason- ably available to be used to satisfy the pur- poses of the acquisition or lease; (ii) acquiring the property or entering into the lease would be more cost-effective than the use of the Department of Defense prop- erty; or (iii) the use of the Department of Defense property would interfere with the ongoing military mission of the property. (b) ADDITIONAL REPORTING REQUIREMENTS RE- GARDING LEASES OF REAL PROPERTY OWNED BY THE UNITED STATES.—(1) In the case of a pro- posed lease, license, or easement of real prop- erty owned by the United States covered by paragraph (1)(C) of subsection (a), the Secretary concerned shall comply with the notice-and-wait requirements of paragraph (3) of such subsection before— (A) issuing a contract solicitation or other lease offering with regard to the transaction; and (B) providing public notice regarding any meeting to discuss a proposed contract solici- tation with regard to the transaction. (2) The report under paragraph (3) of sub- section (a) shall include the following with re- gard to a proposed transaction covered by para- graph (1)(C) of such subsection: (A) A description of the proposed trans- action, including the proposed duration of the lease, license, or easement. (B) A description of the authorities to be used in entering into the transaction.