--- kind: "section" citation: "10 U.S.C. § 2682" title: "10" title_heading: "Armed Forces" number: "2682" heading: "Facilities for defense agencies" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/2682" units: - "Subtitle A — General Military Law" - "Part IV — Service, Supply, and Property" - "Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property" --- # §2682. Facilities for defense agencies - (a) **Maintenance and Repair.—** Subject to [subsection (c)](#c), the maintenance and repair of a real property [facility](/usc/10/2700.md?p=2) for an activity or [agency](/usc/10/3451.md?p=3) of the [Department](/usc/10/101.md?p=a-6) of Defense (other than a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6)) financed from appropriations for [military](/usc/10/801.md?p=8) [functions](/usc/10/467.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense will be accomplished by or through a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) designated by the [Secretary](/usc/10/4951.md?p=3) of Defense. - (b) **Jurisdiction.—** Subject to [subsection (c)](#c), a real property [facility](/usc/10/2700.md?p=2) under the jurisdiction of the [Department](/usc/10/101.md?p=a-6) of Defense which is used by an activity or [agency](/usc/10/3451.md?p=3) of the [Department](/usc/10/101.md?p=a-6) of Defense (other than a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6)) shall be under the jurisdiction of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) designated by the [Secretary](/usc/10/4951.md?p=3) of Defense. - (c) **Facilities for Intelligence Collection or for Special Operations Abroad.—** - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense may waive the requirements of subsections [(a)](#a) and [(b)](#b) if necessary to provide security for authorized intelligence collection or special operations activities abroad undertaken by the [Department](/usc/10/101.md?p=a-6) of Defense. - (2) Not later than 48 hours after using the waiver authority under [paragraph (1)](#c-1) for any [facility](/usc/10/2700.md?p=2) for intelligence collection conducted under the authorities of the [Department](/usc/10/101.md?p=a-6) of Defense or special operations activity, the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit, in an electronic medium pursuant to [section 480 of this title](/usc/10/480.md), to the [appropriate congressional committees](/usc/10/301.md?p=1) a notice of the use of the authority, including the justification for the waiver and the estimated cost of the project for which the waiver applies. - (3) In this subsection, the term “[appropriate congressional committees](/usc/10/301.md?p=1)” means the following: - (A) With respect to a waiver regarding special operations activities, the [congressional defense committees](/usc/10/101.md?p=a-16). - (B) With respect to a waiver regarding intelligence collection conducted under the authorities of the [Department](/usc/10/101.md?p=a-6) of Defense— - (i) the [congressional defense committees](/usc/10/101.md?p=a-16); and - (ii) the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. - (4) The waiver authority provided by [paragraph (1)](#c-1) expires December 31, 2020. ## Source credit (Added Pub. L. 88–174, title VI, § 609(a)(1), Nov. 7, 1963, 77 Stat. 329; amended Pub. L. 97–214, § 10(a)(7), July 12, 1982, 96 Stat. 175; Pub. L. 112–81, div. A, title IX, § 926, Dec. 31, 2011, 125 Stat. 1541; Pub. L. 114–92, div. A, title XVI, § 1632, Nov. 25, 2015, 129 Stat. 1111; Pub. L. 115–91, div. B, title XXVIII, § 2811(f), Dec. 12, 2017, 131 Stat. 1848.) ## Notes ### Editorial Notes ### Amendments 2017—Subsec. (c)(2). Pub. L. 115–91 substituted “, in an electronic medium pursuant to section 480 of this title, to the appropriate congressional committees a notice” for “to the appropriate congressional committees written notification”. 2015—Subsecs. (a), (b). Pub. L. 114–92, § 1632(b)(2), repealed Pub. L. 112–81, § 926(b). See 2011 Amendment notes below. Subsec. (c). Pub. L. 114–92, § 1632(b)(2), repealed Pub. L. 112–81, § 926(b). See 2011 Amendment note below. Pub. L. 114–92, § 1632(a), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (c)(4). Pub. L. 114–92, § 1632(b)(1), added par. (4). 2011—Pub. L. 112–81, § 926(a)(1), (2), designated first and second sentences as subsecs. (a) and (b), respectively, inserted headings, and realigned margins of subsec. (b). Subsec. (a). Pub. L. 112–81, § 926(b)(1), which directed the substitution of “The maintenance and repair” for “Subject to subsection (c), the maintenance and repair”, subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(1), substituted “Subject to subsection (c), the maintenance and repair” for “The maintenance and repair”. Subsec. (b). Pub. L. 112–81, § 926(b)(2), which directed the substitution of “A real property” for “Subject to subsection (c), a real property”, subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(3), substituted “Subject to subsection (c), a real property” for “A real property”. Subsec. (c). Pub. L. 112–81, § 926(b)(3), which directed the striking out of subsec. (c), subject to effective date set out in Effective Date of 2011 Amendment note below, was repealed by Pub. L. 114–92, § 1632(b)(2). Pub. L. 112–81, § 926(a)(4), added subsec. (c). 1982—Pub. L. 97–214 substituted “maintenance and repair” for “construction, maintenance, rehabilitation, repair, alteration, addition, expansion, or extension”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2011 Amendment Pub. L. 112–81, div. A, title IX, § 926(b), Dec. 31, 2011, 125 Stat. 1541, as amended by Pub. L. 113–291, div. A, title XVI, § 1624, Dec. 19, 2014, 128 Stat. 3633, which provided in part that the amendments made to this section by section 926(b) were to be effective on the later of Sept. 30, 2017, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2018, was repealed by Pub. L. 114–92, div. A, title XVI, § 1632(b)(2), Nov. 25, 2015, 129 Stat. 1112. ### 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 housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title.