10 U.S.C. § 2661 (ARMED FORCES)
§ 2661. Miscellaneous administrative provisions relating to real property
(a) Availability of Operation and Maintenance Funds.—
Appropriations for operation and maintenance of the active forces shall be available for the following:
(1) The repair of facilities.
(2) The installation of equipment in public and private plants.
(b) Leasing and Road Maintenance Authority.—
The Secretary of Defense and the Secretary of each military department may provide for the following:
(1) The leasing of buildings and facilities (including the payment of rentals for special purpose space at the seat of Government). Rental for such leases may be paid in advance in connection with—
(A) the conduct of field exercises and maneuvers; and
(B) the administration of the Act of July 9, 1942 (43 U.S.C. 315q).
(2) The maintenance of defense access roads which are certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23.
(c) Prohibition on Naming Department of Defense Real Property After Member of Congress.—
(1) Real property under the jurisdiction of the Secretary of Defense or the Secretary of a military department may not be named after, or otherwise officially identified by the name of, any individual who is a Member of Congress at the time the property is so named or identified.
(2) In this subsection:
(A) The term “Member of Congress” includes a Delegate or Resident Commissioner to the Congress.
(B) The term “real property” includes structures, buildings, or other infrastructure of a military installation, roadways and defense access roads, and any other area on the grounds of a military installation.
(d) Treatment of Pentagon Reservation.—
In this chapter, the terms “Secretary concerned” and “Secretary of a military department” include the Secretary of Defense with respect to the Pentagon Reservation.
(Added Pub. L. 100–370, § 1(l)(3), July 19, 1988, 102 Stat. 849; amended Pub. L. 108–375, div. B, title XXVIII, § 2821(a)(1), (e)(1), Oct. 28, 2004, 118 Stat. 2129, 2130; Pub. L. 109–163, div. B, title XXVIII, § 2821(d), (e), Jan. 6, 2006, 119 Stat. 3512; Pub. L. 112–81, div. B, title XXVIII, § 2863(a), Dec. 31, 2011, 125 Stat. 1701.)
heading: Historical and Revision Notes
text: 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.
heading: Editorial Notes
heading: Prior Provisions
text: 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.
heading: Amendments
text: 2011—Subsec. (c). Pub. L. 112–81 added subsec. (c).
2006—Subsec. (c). Pub. L. 109–163, § 2821(d), redesignated subsec. (c) as section 2664(b) of this title.
Subsec. (d). Pub. L. 109–163, § 2821(e), added subsec. (d).
2004—Subsecs. (a), (b). Pub. L. 108–375, § 2821(e)(1), inserted headings.
Subsec. (c). Pub. L. 108–375, § 2821(a)(1), added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2011 Amendment
text: 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].”
heading: Restroom Access at Military Installations for Certain Transportation Service Providers
text: Pub. L. 119–60, div. A, title III, § 379, Dec. 18, 2025, 139 Stat. 843, provided that:
“(a) Restroom Access.—
The Secretary of Defense shall take such steps as may be necessary to ensure that, with respect to each covered location, there is a restroom—
“(1) located at or in close proximity to the covered location;
“(2) to which any covered driver, while providing a transportation protective service involving the transport of sensitive cargo to or from the covered location on behalf of the Department of Defense, is authorized access;
“(3) that to the extent practicable, provides for privacy, hand washing, accessibility, and gender-specific needs; and
“(4) in the case of a portable restroom, that is vented and equipped with adequate lighting (which may be achieved through supplementation with a temporary lighting source, as necessary).
“(b) Location.—
The location of a restroom under subsection (a)(1) may not be a location to which access by the covered driver would result in—
“(1) a security risk, as determined by the Secretary;
“(2) a health or safety risk to the covered driver; or
“(3) a violation of any other regulation or policy of the Department.
“(c) Notification of Noncompliance.—
In carrying out subsection (a), the Secretary shall—
“(1) establish a process by which a covered driver may provide to the Secretary timely notification of any covered location with respect to which access to a restroom is not provided consistent with such subsection; and
“(2) upon receiving such a notification, coordinate with the commander of the military installation concerned or other appropriate officer or employee of the Department to ensure such access is provided.
“(d) Definitions.—
In this section:
“(1) The terms ‘arms, ammunition, and explosives’, ‘safe haven’, ‘secure holding area’, ‘secure holding location’, and ‘transportation protective service’ have the meanings given those terms in the publication of the United States Army Transportation Command issued October 4, 2024, and titled ‘Military Freight Traffic Unified Rules Publication-1 (MFTURP-1)’, or any successor thereto.
“(2) The term ‘commercial motor vehicle’ has the meaning given that term in section 31101 of title 49, United States Code.
“(3) The term ‘covered driver’ means an operator of a commercial motor vehicle—
“(A) authorized to provide a transportation protective service on behalf of the Department of Defense; and
“(B) subject to requirements for qualifications and maximum hours of service under section 31502(b) of title 49, United States Code.
“(4) The term ‘covered location’ means a safe haven, secure holding area, or secure holding location at a military installation or other facility of the Department of Defense.
“(5) The terms ‘facility’ and ‘military installation’ have the meanings given those terms in section 2801(c) of title 10, United States Code.
“(6) The term ‘sensitive cargo’ means—
“(A) arms, ammunition, and explosives;
“(B) classified material; or
“(C) any other cargo, or category thereof, the Secretary of Defense determines sensitive for purposes of this section.”
heading: Expenditures on Leased Facilities and Real Property of the Department of Defense
text: Pub. L. 118–159, div. B, title XXVIII, § 2850, Dec. 23, 2024, 138 Stat. 2269, provided that:
“(a) In General.—
Not later than five years after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall reduce expenditures on facilities leased by the Department of Defense by 25 percent.
“(b) Real Property Management.—
The Secretary of Defense shall—
“(1) publish guidance with respect to—
“(A) standards for maximum office space design for new construction, including space reconfigurations; and
“(B) desired average occupancy standards for existing Department of Defense facilities;
“(2) validate utilization rates for existing office space owned or leased by the Department prior to approving significant land acquisitions for the Department; and
“(3) use building utilization rates to validate new construction requirements, including efforts of the Department with respect to reconfiguration.
“(c) Annual Briefing.—
Not later than March 31, 2025, and annually thereafter until 2027, the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on—
“(1) the capacity of real property owned or leased by the Department of Defense;
“(2) the average utilization rates for such real property;
“(3) the size and cost of facilities leased by the Department; and
“(4) the plan of the Secretary to satisfy the requirement under subsection (a).”
heading: Prohibition on Display of Unapproved Flags
text: Pub. L. 118–31, div. A, title X, § 1052, Dec. 22, 2023, 137 Stat. 395, provided that:
“(a) Prohibition.—
No flag other than an approved flag shall be displayed in any work place, common access area, or public area of the Department of Defense.
“(b) Exclusions.—
The prohibition under subsection (a) shall not apply to—
“(1) the public display or depiction of a flag other than an approved flag in a museum exhibit, State-issued license plate, grave site, memorial marker, monument, educational display, historical display, or work of art, if the nature of the display or depiction cannot reasonably be viewed as endorsement of the flag by the Department of Defense; or
“(2) a building or area that primarily serves as a place of residence, including a barracks, dormitory, bachelor quarters, government-operated housing, or public-private venture housing area.
“(c) Rule of Construction.—
Nothing in this section shall be construed to affect the authority of a military commander to enforce good order and discipline on a military installation.
“(d) Definitions.—
In this section:
“(1) The term ‘approved flag’ means any of the following:
“(A) The American flag.
“(B) The flag of a State or of the District of Columbia.
“(C) A military service flag.
“(D) A flag or general officer flag.
“(E) A Presidentially-appointed, Senate-confirmed civilian flag.
“(F) A Senior Executive Service or military department-specific flag.
“(G) The National League of Families POW/MIA flag.
“(H) The flag of another country that is an ally or partner of the United States or for official protocol purposes.
“(I) The flag of an organization of which the United States is a member.
“(J) A ceremonial, command, unit, or branch flag or guidon.
“(K) The flag of an athletic team, club, cadet-led organization, academic department, unit subdivision, or other entity approved to operate at a Service Academy (as such term is defined in section 347 of title 10, United States Code) or in conjunction with a Reserve Officer Training Corps activity.
“(L) A flag or banner displayed by a retail tenant or non-government entity operating in a building owned or controlled by the Department of Defense, for the purposes of advertising business products and services, if authorized by contract.
“(M) A religious flag or banner, including a holiday flag, if otherwise authorized.
“(N) A flag approved at the discretion of the military chain of command or senior civilian leadership, as appropriate.
“(2) The term ‘work place, common access area, or public area of the Department of Defense’ includes the following:
“(A) An office building, facility, naval vessel, aircraft, governmental vehicle, hangar, garage, ready room, storage room, tool and equipment room, or workshop.
“(B) A sensitive compartmented information facility of other secure facility.
“(C) A schoolhouse or training facility.
“(D) The area in plain view of such a building that is not residential in nature, including the areas outside of buildings of the Department of Defense.”
heading: Tribal Liaisons at Military Installations
text: Pub. L. 118–31, div. A, title X, § 1084, Dec. 22, 2023, 137 Stat. 418, provided that:
“(a) Tribal Liaisons at Military Installations.—
The Secretary of Defense shall ensure that each military installation under the jurisdiction of a military department that has an Indian Tribe, Native Hawaiian organization, or Tribal interest in the area surrounding the installation has a Tribal liaison located at the installation.
“(b) Tribal Interest.—
For purposes of subsection (a), an area surrounding a military installation shall be considered to be an area in which there is a Tribal interest if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly affected by the military installation.
“(c) Definitions.—
In this section:
“(1) The term ‘Indian Tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
“(2) The term ‘Native Hawaiian organization’ has the meaning given that term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).”
heading: Requirements for Deployment of Fifth Generation Information and Communications Capabilities to Military Installations and Other Department Facilities
text: Pub. L. 118–31, div. A, title XV, § 1526, Dec. 22, 2023, 137 Stat. 557, provided that:
“(a) Requirements.—
“(1) Strategy for private wireless networks.—
Not later than 120 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall develop and implement a strategy for deploying to military installations and other facilities of the Department of Defense private wireless networks that are—
“(A) based on fifth generation information and communications capabilities and Open Radio Access Network architecture; and
“(B) tailored to the mission, security, and performance requirements of the respective military installation or other facility.
“(2) Process for public wireless network service providers.—
“(A) Establishment.—
The Secretary shall establish a Department-wide process under which a public wireless network service provider of fifth generation information and communications capabilities may gain access to a military installation or other facility of the Department to provide commercial subscriber services to military and civilian personnel of the Department (including contractor personnel) located at, and organizational elements of the Department maintained at, such installation or facility.
“(B) Design requirements.—
In establishing the process under subparagraph (A), the Secretary shall ensure relevant system architectures and supporting infrastructure are designed to support modular upgrades to future generation technologies.
“(3) Determination relating to contract authority.—
The Secretary shall determine, on a contract-by-contract basis or as a determination with uniform applicability to contracts across military installations and other facilities of the Department, whether to enter into a contract for—
“(A) neutral hosting, under which infrastructure and services would be provided to companies deploying private wireless networks and public wireless network services to such installation or other facility through multi-operator core network architectures; or
“(B) separate private wireless network and public wireless network infrastructure at such installation or other facility (which shall include a determination by the Secretary on how to establish roaming agreements and policies between such networks).
“(4) Briefing.—
Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the strategy developed under paragraph (1) and any other activity carried out pursuant to this subsection.
“(b) International Cooperation Activities.—
The Secretary, using existing authorities available to the Secretary, may engage in cooperation activities with foreign allies and partners of the United States to—
“(1) improve the implementation of the strategy under subsection (a)(1); and
“(2) inform the deployment of private wireless networks to military installations and other facilities of the Department pursuant to such strategy.
“(c) Open Radio Access Network Architecture Defined.—
In this section, the term ‘Open Radio Access Network architecture’ means a network architecture that is modular, uses open interfaces, and virtualizes functionality on commodity hardware through software.”
heading: Target Date for Deployment of 5G Wireless Broadband Infrastructure at All Military Installations
text: Pub. L. 117–263, div. A, title II, § 221, Dec. 23, 2022, 136 Stat. 2478, provided that:
“(a) Target Required.—
Not later than July 30, 2023, the Secretary of Defense shall—
“(1) establish a target date by which the Secretary plans to deploy 5G wireless broadband infrastructure at all military installations; and
“(2) establish metrics, which shall be identical for each of the military departments, to measure progress toward reaching the target required by paragraph (1).
“(b) Annual Report.—
Not later than December 31, 2023, and on an annual basis thereafter until the date specified in subsection (c), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes—
“(1) the metrics in use pursuant to subsection (a)(2); and
“(2) the progress of the Secretary in reaching the target required by subsection (a)(1).
“(c) Termination.—
The requirement to submit annual reports under subsection (b) shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 23, 2022].”
heading: National Standards for Federal Fire Protection at Military Installations
text: Pub. L. 117–263, div. A, title III, § 388, Dec. 23, 2022, 136 Stat. 2546, provided that:
“(a) Standards Required.—
Beginning not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall ensure that—
“(1) members of the Armed Forces and employees of Defense Agencies who provide fire protection services to military installations comply with the national consensus standards developed by the National Fire Protection Association;
“(2) the minimum staffing requirement for any firefighting vehicle responding to a structural building emergency at a military installation is not less than four firefighters per vehicle; and
“(3) the minimum staffing requirement for any firefighting vehicle responding to an aircraft or airfield incident at a military installation is not less than three firefighters per vehicle.
“(b) Reports Required.—
Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report that—
“(1) details each instance in which the standards of that military department deviate from the national consensus standards specified in subsection (a)(1), and at what military installation;
“(2) includes, for each military installation under the jurisdiction of that Secretary, a detailed description of response times for emergency services and firefighting vehicle staffing levels; and
“(3) includes an assessment of the feasibility of requiring compliance with the national consensus standards specified in subsection (a)(1) in accordance with such subsection at each military installation under the jurisdiction of that Secretary (without exception), the cost of requiring such compliance, and the estimated timeline for that Secretary to implement such requirement.
“(c) Definitions.—
In this section:
“(1) The terms ‘Armed Forces’ and ‘Defense Agency’ have the meanings given such terms in section 101 of title 10, United States Code.
“(2) The term ‘firefighter’ has the meaning given that term in section 707(b) of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116–92; 10 U.S.C. 1074m note).
“(3) The term ‘military installation’ has the meaning given that term in section 2801 of title 10, United States Code.”
heading: Pilot Programs for Deployment of Telecommunications Infrastructure To Facilitate 5G Deployment on Military Installations
text: Pub. L. 117–81, div. A, title II, § 233, Dec. 27, 2021, 135 Stat. 1614, provided that:
“(a) Plans.—
“(1) In general.—
Not later than 180 days after enactment of this Act [Dec. 27, 2021], each Secretary of a military department shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary.
“(2) Plan elements.—
Each plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following:
“(A) A list of military installations at which the pilot program will be carried out, including at least one military installation of the department.
“(B) A description of authorities that will be used to execute the pilot program.
“(C) A timeline for the implementation and duration of the pilot program.
“(D) The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A).
“(E) An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure.
“(b) Pilot Programs Required.—
Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1).
“(c) Reports.—
“(1) In general.—
Not later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program.
“(2) Contents.—
Each report submitted under paragraph (1) for a pilot program shall include the following:
“(A) A description of the status of the pilot program at each military installation at which the pilot program is carried out.
“(B) A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program.
“(C) Such additional information as the Secretary of the military department considers appropriate.
“(d) Telecommunications Infrastructure Defined.—
In this section, the term ‘telecommunications infrastructure’ includes, at a minimum, the following:
“(1) Macro towers.
“(2) Small cell poles.
“(3) Distributed antenna systems.
“(4) Dark fiber.
“(5) Power solutions.”
heading: Establishment of Secure Next-Generation Wireless Network (5G) Infrastructure for the Nevada Test and Training Range and Base Infrastructure
text: Pub. L. 116–92, div. A, title II, § 226, Dec. 20, 2019, 133 Stat. 1269, provided that:
“(a) Establishment Required.—
Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall establish secure fifth-generation wireless network components and capabilities at no fewer than two Department of Defense installations in accordance with this section.
“(b) Installations.—
“(1) Locations.—
The Secretary shall establish components and capabilities under subsection (a) at the following:
“(A) The Nevada Test and Training Range, which shall serve as a Major Range and Test Facility Base (MRTFB) for fifth-generation wireless networking.
“(B) Such Department installations or other installations as the Secretary considers appropriate for the purpose set forth in paragraph (2).
“(2) Purpose.—
The purpose of the establishment of components and capabilities under subsection (a) at the locations described in paragraph (1) of this subsection is to demonstrate the following:
“(A) The potential military utility of high bandwidth, scalable, and low latency fifth-generation wireless networking technology.
“(B) Advanced security technology that is applicable to fifth-generation networks as well as legacy Department command and control networks.
“(C) Secure interoperability with fixed and wireless systems (legacy and future systems).
“(D) Enhancements such as spectrum and waveform diversity, frequency hopping and spreading, and beam forming for military requirements.
“(E) Technology for dynamic network slicing for specific use cases and applications requiring varying levels of latency, scale, and throughput.
“(F) Technology for dynamic spectrum sharing and network isolation.
“(G) Base infrastructure installation of high bandwidth, scalable, and low latency fifth-generation wireless networking technology.
“(H) Applications for secure fifth-generation wireless network capabilities for the Department, such as the following:
“(i) Interactive augmented reality or synthetic training environments.
“(ii) Internet of things devices.
“(iii) Autonomous systems.
“(iv) Advanced manufacturing through the following:
“(I) Department-sponsored centers for manufacturing innovation (as defined in section 34(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(c))).
“(II) Department research and development organizations.
“(III) Manufacturers in the defense industrial base of the United States.”
heading: Department of Defense Policy on Lead-Based Paint Testing on Military Installations
text: Pub. L. 116–92, div. B, title XXX, § 3054, Dec. 20, 2019, 133 Stat. 1943, provided that:
“(a) Access and Testing Policy.—
Not later than February 1, 2020, the Secretary of Defense shall establish a policy under which the Secretary of the military department concerned may permit a qualified individual to access a military installation for the purpose of conducting testing for the presence of lead-based paint on the installation.
“(b) Transmission of Results.—
“(1) Installations inside the united states.—
In the case of military installations located inside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted the following:
“(A) The civil engineer of the installation.
“(B) The housing management office of the installation.
“(C) The public health organization on the installation.
“(D) The major subordinate command of the Armed Force with jurisdiction over the installation.
“(E) If required by law, any relevant Federal, State, and local agencies.
“(2) Installations outside the united states.—
In the case of military installations located outside the United States, the results of any testing for lead-based paint on a military installation shall be transmitted to the civil engineer or commander of the installation who shall transmit those results to the major subordinate command of the Armed Force with jurisdiction over the installation.
“(c) Definitions.—
In this section:
“(1) The term ‘United States’ has the meaning given that term in section 101(a)(1) of title 10, United States Code.
“(2) The term ‘qualified individual’ means an individual who is certified by the Environmental Protection Agency or by a State as—
“(A) a lead-based paint inspector; or
“(B) a lead-based paint risk assessor.”
heading: Prioritization of Environmental Impacts for Facilities Sustainment, Restoration, and Modernization Demolition
text: 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.”
heading: Increased Percentage of Sustainment Funds Authorized for Realignment to Restoration and Modernization at Each Installation
text: 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.
heading: Disclosure of Beneficial Ownership by Foreign Persons of High Security Space Leased by the Department of Defense
text: 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—
“(A) name;
“(B) current residential or business street address; and
“(C) in the case of a United States person, a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license issued by a State; and
“(2) disclose to the Department of Defense any beneficial 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 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—
“(A) the list of beneficial owners of the covered entity; or
“(B) the information required to be provided relating to each such beneficial owner.
“(c) Precautions.—
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—
“(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 covered entity; and
“(ii) does not include, with respect to a covered entity—
“(I) a minor child;
“(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
“(III) 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;
“(IV) 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
“(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 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.
“(5) United states person.—
The term ‘United States person’ means a natural person who is a citizen of the United States or who owes permanent allegiance 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 included in Pub. L. 115–91 as enacted.]
heading: Pilot Program to Provide Additional Tools for Efficient Operation of Military Installations
text: 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.
heading: Study of Establishment of Land Management and Training Center
text: 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.