§ 2661. Miscellaneous administrative provisions relating to real property

§ 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.)

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.

Editorial Notes

Prior Provisions

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.

Amendments

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).

Statutory Notes and Related Subsidiaries

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].”

Restroom Access at Military Installations for Certain Transportation Service Providers

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.”

Expenditures on Leased Facilities and Real Property of the Department of Defense

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).”

Prohibition on Display of Unapproved Flags

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.”

Tribal Liaisons at Military Installations

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).”

Requirements for Deployment of Fifth Generation Information and Communications Capabilities to Military Installations and Other Department Facilities

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.”

Target Date for Deployment of 5G Wireless Broadband Infrastructure at All Military Installations