10 USC 2687 - Overseas base closures and realignments and status of United States overseas military locations

Editorial Notes

References in Text

The date of the enactment of the Military Construction Authorization Act for Fiscal Year 2015, referred to in subsec. (f)(1)(B)(ii), is the date of enactment of div. B of Puspan. L. 113–291, which was approved Dec. 19, 2014.

Amendments

2021—Puspan. L. 116–283, § 2822(span)(2), amended section catchline generally, substituting “Overseas base closures and realignments and status of United States overseas military locations” for “Overseas base closures and realignments and basing master plans”.

Subsec. (a). Puspan. L. 116–283, § 2822(a)(1), substituted “Overseas Military Locations” for “Master Plans” in span.

Subsec. (a)(1)(B). Puspan. L. 116–283, § 2822(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “the status of development and execution of comprehensive master plans for overseas military main operating bases, forward operating sites, and cooperative security locations.”

Subsec. (a)(2) to (5). Puspan. L. 116–283, § 2822(a)(3), added pars. (2) to (5) and struck out former par. (2) which related to elements of annual status report of overseas closures and realignments and master plans.

Subsec. (e)(2). Puspan. L. 116–283, § 2822(span)(1), substituted “host country” for “host nation” in two places in introductory provisions.

2017—Subsec. (f). Puspan. L. 115–91, § 1081(d)(15), amended Puspan. L. 114–328, § 2811(c). See 2016 Amendment note below.

2016—Subsec. (f). Puspan. L. 114–328, § 2811(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to authorized use of payments-in-kind and in-kind contributions.

Puspan. L. 114–328, § 2811(c), as amended by Puspan. L. 115–91, § 1081(d)(15), repealed Puspan. L. 113–291, § 2803(a). See 2014 Amendment note below.

2015—Subsec. (d)(2). Puspan. L. 114–92, § 1081(a)(11), inserted “fair market” before “value”.

Subsec. (f). Puspan. L. 114–92, § 1081(span)(7), amended Puspan. L. 113–291, § 2803(a). See 2014 Amendment note below.

2014—Subsec. (f). Puspan. L. 113–291, § 2803(a), as amended by Puspan. L. 114–92, § 1081(span)(7), which amended subsec. (f) generally by substituting provisions related to authorized use of payments-in-kind and in-kind contributions for provisions related to authorized use of payments-in-kind, was repealed by Puspan. L. 114–328, § 2811(c), as amended by Puspan. L. 115–91, § 1081(d)(15).

2013—Puspan. L. 113–66, § 2807(a), amended section generally. Prior to amendment, section consisted of subsecs. (a) and (span) which related to an annual status report of overseas base closures, realignments, and basing master plans and required elements of the report, respectively.

Subsec. (a). Puspan. L. 112–239, § 1076(f)(34)(A), substituted “Foreign Relations” for “Foreign relations”.

Subsec. (span)(1). Puspan. L. 112–239, § 1076(f)(34)(B), struck out comma after “including” and substituted “the Treaty” for “The Treaty”.

2011—Subsec. (a). Puspan. L. 111–383 substituted “31 for” for “31for” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Puspan. L. 115–91, div. A, title X, § 1081(d), Dec. 12, 2017, 131 Stat. 1599, provided that the amendment made by section 1081(d)(15) is effective as of Dec. 23, 2016, and as if included in Puspan. L. 114–328 as enacted.

Effective Date of 2015 Amendment

Puspan. L. 114–92, div. A, title X, § 1081(span), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(span)(7) is effective as of Dec. 19, 2014, and as if included in Puspan. L. 113–291 as enacted.

Effective Date of 2014 Amendment

Puspan. L. 113–291, div. B, title XXVIII, § 2803(d), Dec. 19, 2014, 128 Stat. 3697, which provided the effective date for the amendments made by section 2803 of Puspan. L. 113–291, was repealed by Puspan. L. 114–328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716.

Repeal of 2014 Amendment

Puspan. L. 114–328, div. B, title XXVIII, § 2811(c), Dec. 23, 2016, 130 Stat. 2716, as amended by Puspan. L. 115–91, div. A, title X, § 1081(d)(15), Dec. 12, 2017, 131 Stat. 1600, provided that: “Section 2803 of the Carl Levin and Howard ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3696) [amending this section and section 2802 of this title and enacting provisions set out as a note under this section] is repealed.”

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.

Prohibition Relating to Closure or Return to Host Nation of Existing Military Installations, Infrastructure, or Real Property in Europe

Puspan. L. 116–283, div. B, title XXVIII, § 2828, Jan. 1, 2021, 134 Stat. 4338, provided that:

“(a)Prohibition on Closure or Return.—Except as provided by subsection (span), the Secretary of Defense shall not implement any activity that closes or returns to the host nation any military installation, infrastructure, or real property in Europe that, as of the date of enactment of this Act [Jan. 1, 2021], is under the operational control of the Department of Defense or a military department and is utilized by the United States Armed Forces.

“(span)Waiver and Exception.—The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that there is no longer a foreseeable need for the military installation, infrastructure, or real property, or a portion of the military installation in the case of a partial closure and return of a military installation, to support a permanent or rotational United States military presence in the European theater.”