-CITE-

10 USC CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY

FAMILY HOUSING 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

.

-HEAD-

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

-MISC1-

Subchapter Sec.

I. Military Construction 2801

II. Military Family Housing 2821

III. Administration of Military Construction and Military Family

Housing. 2851

IV. Alternative Authority for Acquisition and Improvement of

Military Housing 2871

AMENDMENTS

1996 - Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(2),

Feb. 10, 1996, 110 Stat. 551, added item for subchapter IV.

-CITE-

10 USC SUBCHAPTER I - MILITARY CONSTRUCTION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

.

-HEAD-

SUBCHAPTER I - MILITARY CONSTRUCTION

-MISC1-

Sec.

2801. Scope of chapter; definitions.

2802. Military construction projects.

2803. Emergency construction.

2804. Contingency construction.

2805. Unspecified minor construction.

2806. Contributions for North Atlantic Treaty Organizations

Security Investment.

2807. Architectural and engineering services and construction

design.

2808. Construction authority in the event of a declaration of war

or national emergency.

2809. Long-term facilities contracts for certain activities and

services.

(2810. Repealed.)

2811. Repair of facilities.

2812. Lease-purchase of facilities.

2813. Acquisition of existing facilities in lieu of authorized

construction.

2814. Special authority for development of Ford Island, Hawaii.

2815. Joint use military construction projects: annual evaluation.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title III, Sec. 313(d)(2), Dec.

2, 2002, 116 Stat. 2508, struck out item 2810 ''Construction

projects for environmental response actions''.

2000 - Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2801(b)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-412, added item

2815.

1999 - Pub. L. 106-65, div. B, title XXVIII, Sec. 2802(a)(2),

Oct. 5, 1999, 113 Stat. 848, added item 2814.

1996 - Pub. L. 104-201, div. B, title XXVIII, Sec. 2802(c)(2),

Sept. 23, 1996, 110 Stat. 2787, substituted ''Organizations

Security Investment'' for ''Organization Infrastructure'' in item

2806.

Pub. L. 104-106, div. A, title XV, Sec. 1503(a)(31), Feb. 10,

1996, 110 Stat. 512, inserted period at end of item 2811.

1994 - Pub. L. 103-337, div. B, title XXVIII, Sec. 2801(b), Oct.

5, 1994, 108 Stat. 3050, substituted ''Repair'' for ''Renovation''

in item 2811.

1993 - Pub. L. 103-160, div. B, title XXVIII, Sec. 2805(a)(2),

Nov. 30, 1993, 107 Stat. 1887, added item 2813.

1991 - Pub. L. 102-190, div. B, title XXVIII, Sec. 2805(a)(2),

Dec. 5, 1991, 105 Stat. 1538, substituted ''Long-term facilities

contracts for certain activities and services'' for ''Test of

long-term facilities contracts'' in item 2809.

1989 - Pub. L. 101-189, div. B, title XXVIII, Sec. 2809(b), Nov.

29, 1989, 103 Stat. 1650, added item 2812.

1987 - Pub. L. 100-26, Sec. 7(e)(3), Apr. 21, 1987, 101 Stat.

281, redesignated item 2810 ''Renovation of facilities'' as item

2811.

1986 - Pub. L. 99-661, div. A, title III, Sec. 315(b), Nov. 14,

1986, 100 Stat. 3854, added item 2810 ''Renovation of facilities''.

Pub. L. 99-499, title II, Sec. 211(b)(2), Oct. 17, 1986, 100

Stat. 1726, added item 2810 ''Construction projects for

environmental response actions''.

1985 - Pub. L. 99-167, title VIII, Sec. 811(b), Dec. 3, 1985, 99

Stat. 991, added item 2809.

-CITE-

10 USC Sec. 2801 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2801. Scope of chapter; definitions

-STATUTE-

(a) The term ''military construction'' as used in this chapter or

any other provision of law includes any construction, development,

conversion, or extension of any kind carried out with respect to a

military installation.

(b) A military construction project includes all military

construction work, or any contribution authorized by this chapter,

necessary to produce a complete and usable facility or a complete

and usable improvement to an existing facility (or to produce such

portion of a complete and usable facility or improvement as is

specifically authorized by law).

(c) In this chapter:

(1) The term ''facility'' means a building, structure, or other

improvement to real property.

(2) The term ''military installation'' means a base, camp,

post, station, yard, center, or other activity under the

jurisdiction of the Secretary of a military department or, in the

case of an activity in a foreign country, under the operational

control of the Secretary of a military department or the

Secretary of Defense.

(3) The term ''Secretary concerned'' includes the Secretary of

Defense with respect to matters concerning the Defense Agencies.

(4) The term ''appropriate committees of Congress'' means the

Committee on Armed Services and the Committee on Appropriations

of the Senate and the Committee on Armed Services and the

Committee on Appropriations of the House of Representatives and,

with respect to any project to be carried out by, or for the use

of, an intelligence component of the Department of Defense, the

Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate.

(d) This chapter (other than sections 2830 and 2835) does not

apply to the Coast Guard or to civil works projects of the Army

Corps of Engineers.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 153;

amended Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 Stat. 284;

Pub. L. 100-180, div. A, title VI, Sec. 632(b)(1), title XII, Sec.

1231(15), div. B, subdiv. 3, title I, Sec. 2306(b), Dec. 4, 1987,

101 Stat. 1105, 1160, 1216; Pub. L. 102-484, div. A, title X, Sec.

1052(37), Oct. 23, 1992, 106 Stat. 2501; Pub. L. 102-496, title IV,

Sec. 403(b), Oct. 24, 1992, 106 Stat. 3185; Pub. L. 104-106, div.

A, title XV, Sec. 1502(a)(10), Feb. 10, 1996, 110 Stat. 503; Pub.

L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat.

774.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(4). Pub. L. 106-65 substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

1996 - Subsec. (c)(4). Pub. L. 104-106 substituted ''the

Committee on Armed Services and the Committee on Appropriations of

the Senate and the Committee on National Security and the Committee

on Appropriations of the'' for ''the Committees on Armed Services

and on Appropriations of the Senate and''.

1992 - Subsec. (c)(4). Pub. L. 102-496 inserted before period at

end ''and, with respect to any project to be carried out by, or for

the use of, an intelligence component of the Department of Defense,

the Permanent Select Committee on Intelligence of the House of

Representatives and the Select Committee on Intelligence of the

Senate''.

Subsec. (d). Pub. L. 102-484 substituted ''sections 2830 and

2835'' for ''sections 2828(g) and 2830''.

1987 - Subsec. (c). Pub. L. 100-26 inserted ''The term'' after

each par. designation and struck out uppercase letter of first word

after first quotation marks in pars. (1), (2), and (4) and

substituted lowercase letter.

Subsec. (c)(3). Pub. L. 100-180, Sec. 1231(15), substituted

''Defense Agencies'' for ''defense agencies''.

Subsec. (d). Pub. L. 100-180, Sec. 2306(b), substituted ''(other

than sections 2828(g) and 2830)'' for ''(other than section

2830)''.

Pub. L. 100-180, Sec. 632(b)(1), inserted ''(other than section

2830)'' after ''This chapter''.

EFFECTIVE DATE

Section 12 of Pub. L. 97-214 provided:

''(a) Except as provided in subsection (b), the amendments made

by this Act (see Short Title of 1982 Amendment note below) shall

take effect on October 1, 1982, and shall apply to military

construction projects, and to construction and acquisition of

military family housing, authorized before, on, or after such date.

''(b) The amendment made by section 4 (amending section 138(f)(1)

(now 114(b)) of this title) shall apply with respect to funds

appropriated for fiscal years beginning after September 30, 1983.''

SHORT TITLE OF 1982 AMENDMENT

Section 1 of Pub. L. 97-214 provided that: ''This Act (see Tables

for classification) may be cited as the 'Military Construction

Codification Act'.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2208, 2306c, 2694a, 2707

of this title.

-CITE-

10 USC Sec. 2802 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2802. Military construction projects

-STATUTE-

(a) The Secretary of Defense and the Secretaries of the military

departments may carry out such military construction projects as

are authorized by law.

(b) Authority provided by law to carry out a military

construction project includes authority for -

(1) surveys and site preparation;

(2) acquisition, conversion, rehabilitation, and installation

of facilities;

(3) acquisition and installation of equipment and appurtenances

integral to the project;

(4) acquisition and installation of supporting facilities

(including utilities) and appurtenances incident to the project;

and

(5) planning, supervision, administration, and overhead

incident to the project.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 154.)

-MISC1-

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI SILICA REACTIVITY

Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 389), Oct. 30,

2000, 114 Stat. 1654, 1654A-89, provided that:

''(a) Assessment of Damage and Prevention and Mitigation

Technology. - The Secretary of Defense shall require the

Secretaries of the military departments to assess -

''(1) the damage caused to aviation facilities of the Armed

Forces by alkali silica reactivity; and

''(2) the availability of technologies capable of preventing,

treating, or mitigating alkali silica reactivity in hardened

concrete structures and pavements.

''(b) Evaluation of Technologies. - (1) Taking into consideration

the assessment under subsection (a), the Secretary of each military

department may conduct a demonstration project at a location

selected by the Secretary concerned to test and evaluate the

effectiveness of technologies intended to prevent, treat, or

mitigate alkali silica reactivity in hardened concrete structures

and pavements.

''(2) The Secretary of Defense shall ensure that the locations

selected for the demonstration projects represent the diverse

operating environments of the Armed Forces.

''(c) New Construction. - The Secretary of Defense shall develop

specific guidelines for appropriate testing and use of lithium

salts to prevent alkali silica reactivity in new construction of

the Department of Defense.

''(d) Completion of Assessment and Demonstration. - The

assessment conducted under subsection (a) and the demonstration

projects, if any, conducted under subsection (b) shall be completed

not later than September 30, 2006.

''(e) Delegation of Authority. - The authority to conduct the

assessment under subsection (a) may be delegated only to the Chief

of Engineers of the Army, the Commander of the Naval Facilities

Engineering Command, and the Civil Engineer of the Air Force.

''(f) Limitation on Expenditures. - The Secretary of Defense and

the Secretaries of the military departments may not expend more

than a total of $5,000,000 to conduct both the assessment under

subsection (a) and all of the demonstration projects under

subsection (b).''

REPORTS RELATING TO MILITARY CONSTRUCTION FOR FACILITIES SUPPORTING

NEW WEAPON SYSTEMS

Pub. L. 102-190, div. B, title XXVIII, Sec. 2868, Dec. 5, 1991,

105 Stat. 1562, provided that:

''(a) Requirement. - The Secretary of Defense shall submit to

Congress with the budget submitted under section 1105 of title 31,

United States Code, for the fiscal year in which the first

construction of a facility for the permanent basing of a new weapon

system is to be authorized a report describing -

''(1) the site or sites selected or planned for permanent

basing of the planned force of that weapon system;

''(2) the rationale for selecting such site or sites; and

''(3) the military construction activities proposed for each

such site.

''(b) New Weapon System Defined. - For purposes of this section,

the term 'new weapon system' means any military aircraft or major

naval combatant vessel for which a complete permanent basing plan

has not been publicly announced before the date of the enactment of

this Act (Dec. 5, 1991).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2667 of this title.

-CITE-

10 USC Sec. 2803 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2803. Emergency construction

-STATUTE-

(a) Subject to subsections (b) and (c), the Secretary concerned

may carry out a military construction project not otherwise

authorized by law if the Secretary determines (1) that the project

is vital to the national security or to the protection of health,

safety, or the quality of the environment, and (2) that the

requirement for the project is so urgent that deferral of the

project for inclusion in the next Military Construction

Authorization Act would be inconsistent with national security or

the protection of health, safety, or environmental quality, as the

case may be.

(b) When a decision is made to carry out a military construction

project under this section, the Secretary concerned shall submit a

report in writing to the appropriate committees of Congress on that

decision. Each such report shall include (1) the justification for

the project and the current estimate of the cost of the project,

(2) the justification for carrying out the project under this

section, and (3) a statement of the source of the funds to be used

to carry out the project. The project may then be carried out only

after the end of the 21-day period beginning on the date the

notification is received by such committees.

(c)(1) The maximum amount that the Secretary concerned may

obligate in any fiscal year under this section is $30,000,000.

(2) A project carried out under this section shall be carried out

within the total amount of funds appropriated for military

construction that have not been obligated.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 154;

amended Pub. L. 102-190, div. B, title XXVIII, Sec. 2803, 2870(2),

Dec. 5, 1991, 105 Stat. 1537, 1562; Pub. L. 102-484, div. A, title

X, Sec. 1053(9), Oct. 23, 1992, 106 Stat. 2502.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-484 made technical amendment to

directory language of Pub. L. 102-190, Sec. 2870(2). See 1991

Amendment note below.

1991 - Subsec. (a). Pub. L. 102-190, Sec. 2803, substituted ''or

to the protection of health, safety, or the quality of the

environment, and'' for '', and'' in cl. (1) and inserted ''or the

protection of health, safety, or environmental quality, as the case

may be'' before period at end of cl. (2).

Subsec. (b). Pub. L. 102-190, Sec. 2870(2), as amended by Pub. L.

102-484, struck out '', or after each such committee has approved

the project, if the committee approves the project before the end

of that period'' after ''by such committees''.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 1053(9) of Pub. L. 102-484 provided that the amendment

made by that section is effective Dec. 5, 1991.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2804 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2804. Contingency construction

-STATUTE-

(a) Within the amount appropriated for such purpose, the

Secretary of Defense may carry out a military construction project

not otherwise authorized by law, or may authorize the Secretary of

a military department to carry out such a project, if the Secretary

of Defense determines that deferral of the project for inclusion in

the next Military Construction Authorization Act would be

inconsistent with national security or national interest.

(b) When a decision is made to carry out a military construction

project under this section, the Secretary of Defense shall submit a

report in writing to the appropriate committees of Congress on that

decision. Each such report shall include (1) the justification for

the project and the current estimate of the cost of the project,

and (2) the justification for carrying out the project under this

section. The project may then be carried out only after the end of

the 21-day period beginning on the date the notification is

received by such committees.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 155;

amended Pub. L. 102-190, div. B, title XXVIII, Sec. 2870(3), Dec.

5, 1991, 105 Stat. 1563.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-190 struck out before period at

end '', or after each such committee has approved the project, if

the committees approve the project before the end of that period''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2805 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2805. Unspecified minor construction

-STATUTE-

(a)(1) Except as provided in paragraph (2), within an amount

equal to 125 percent of the amount authorized by law for such

purpose, the Secretary concerned may carry out unspecified minor

military construction projects not otherwise authorized by law. An

unspecified minor military construction project is a military

construction project that has an approved cost equal to or less

than $1,500,000. However, if the military construction project is

intended solely to correct a deficiency that is life-threatening,

health-threatening, or safety-threatening, an unspecified minor

military construction project may have an approved cost equal to or

less than $3,000,000.

(2) A Secretary may not use more than $5,000,000 for

exercise-related unspecified minor military construction projects

coordinated or directed by the Joint Chiefs of Staff outside the

United States during any fiscal year.

(b)(1) An unspecified minor military construction project costing

more than $750,000 may not be carried out under this section unless

approved in advance by the Secretary concerned. This paragraph

shall apply even though the project is to be carried out using

funds made available to enhance the deployment and mobility of

military forces and supplies.

(2) When a decision is made to carry out an unspecified minor

military construction project to which paragraph (1) is applicable,

the Secretary concerned shall notify in writing the appropriate

committees of Congress of that decision, of the justification for

the project, and of the estimated cost of the project. The project

may then be carried out only after the end of the 21-day period

beginning on the date the notification is received by the

committees.

(c)(1) Except as provided in paragraphs (2) and (3), the

Secretary concerned may spend from appropriations available for

operation and maintenance amounts necessary to carry out an

unspecified minor military construction project costing not more

than -

(A) $1,500,000, in the case of an unspecified minor military

construction project intended solely to correct a deficiency that

is life-threatening, health-threatening, or safety-threatening;

or

(B) $750,000, in the case of any other unspecified minor

military construction project.

(2) The authority provided in paragraph (1) may not be used with

respect to any exercise-related unspecified minor military

construction project coordinated or directed by the Joint Chiefs of

Staff outside the United States.

(3) The limitations specified in paragraph (1) shall not apply to

an unspecified minor military construction project if the project

is to be carried out using funds made available to enhance the

deployment and mobility of military forces and supplies.

(d) Military family housing projects for construction of new

housing units may not be carried out under the authority of this

section.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 155;

amended Pub. L. 99-167, title VIII, Sec. 809, Dec. 3, 1985, 99

Stat. 989; Pub. L. 99-661, div. B, title VII, Sec. 2702(a), Nov.

14, 1986, 100 Stat. 4040; Pub. L. 100-180, div. B, subdiv. 3,

title I, Sec. 2310, Dec. 4, 1987, 101 Stat. 1217; Pub. L. 101-510,

div. A, title XIII, Sec. 1301(16), Nov. 5, 1990, 104 Stat. 1668;

Pub. L. 102-190, div. B, title XXVIII, Sec. 2807, 2870(4), Dec. 5,

1991, 105 Stat. 1540, 1563; Pub. L. 104-106, div. B, title XXVIII,

Sec. 2811(a), 2812, Feb. 10, 1996, 110 Stat. 552; Pub. L. 104-201,

div. B, title XXVIII, Sec. 2801(a), Sept. 23, 1996, 110 Stat.

2787; Pub. L. 105-85, div. B, title XXVIII, Sec. 2801, Nov. 18,

1997, 111 Stat. 1989; Pub. L. 107-107, div. B, title XXVIII, Sec.

2801, Dec. 28, 2001, 115 Stat. 1305.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(1). Pub. L. 107-107, Sec. 2801(a), substituted

''$750,000'' for ''$500,000''.

Subsec. (c)(1)(A). Pub. L. 107-107, Sec. 2801(b)(1), substituted

''$1,500,000'' for ''$1,000,000''.

Subsec. (c)(1)(B). Pub. L. 107-107, Sec. 2801(b)(2), substituted

''$750,000'' for ''$500,000''.

1997 - Subsec. (a)(1). Pub. L. 105-85, Sec. 2801(c)(1),

substituted ''unspecified minor military construction projects''

for ''minor military construction projects'', ''An unspecified

minor'' for ''A minor'', and ''an unspecified minor'' for ''a

minor''.

Subsec. (b)(1). Pub. L. 105-85, Sec. 2801(c)(2), substituted ''An

unspecified minor'' for ''A minor''.

Pub. L. 105-85, Sec. 2801(a), inserted at end ''This paragraph

shall apply even though the project is to be carried out using

funds made available to enhance the deployment and mobility of

military forces and supplies.''

Subsec. (b)(2). Pub. L. 105-85, Sec. 2801(c)(3), substituted ''an

unspecified minor'' for ''a minor''.

Subsec. (c)(1). Pub. L. 105-85, Sec. 2801(c)(4), substituted

''unspecified minor military'' for ''unspecified military''

wherever appearing.

Pub. L. 105-85, Sec. 2801(b)(1), substituted ''paragraphs (2) and

(3)'' for ''paragraph (2)'' in introductory provisions.

Subsec. (c)(2). Pub. L. 105-85, Sec. 2801(c)(4), substituted

''unspecified minor military'' for ''unspecified military''.

Subsec. (c)(3). Pub. L. 105-85, Sec. 2801(b)(2), added par. (3).

1996 - Subsec. (a)(1). Pub. L. 104-106, Sec. 2812, in second

sentence, struck out ''(1) that is for a single undertaking at a

military installation, and (2)'' after ''is a military construction

project''.

Pub. L. 104-106, Sec. 2811(a)(1), inserted at end ''However, if

the military construction project is intended solely to correct a

deficiency that is life-threatening, health-threatening, or

safety-threatening, a minor military construction project may have

an approved cost equal to or less than $3,000,000.''

Subsec. (c)(1). Pub. L. 104-106, Sec. 2811(a)(2), substituted

''not more than - '' for ''not more than $300,000.'' and added

subpars. (A) and (B).

Subsec. (c)(1)(B). Pub. L. 104-201 substituted ''$500,000'' for

''$300,000''.

1991 - Subsec. (a)(1). Pub. L. 102-190, Sec. 2807(a), substituted

''$1,500,000'' for ''$1,000,000''.

Subsec. (b)(2). Pub. L. 102-190, Sec. 2870(4), in second sentence

struck out ''(A)'' after ''carried out only'' and '', or (B) after

each such committee approves the project, if the committees approve

the project before the end of that period'' before period at end.

Subsec. (c)(1). Pub. L. 102-190, Sec. 2807(b), substituted

''$300,000'' for ''$200,000''.

1990 - Subsec. (b)(3). Pub. L. 101-510 struck out par. (3) which

read as follows: ''A project for the relocation of any activity

from one installation to another that involves 25 or more full-time

civilian employees of the Department of Defense but that is not

subject to paragraph (1) may not be carried out under the authority

of this section until the appropriate committees of Congress have

been notified by the Secretary concerned of the intent to carry out

such relocation under the authority of this section.''

1987 - Subsec. (a). Pub. L. 100-180, Sec. 2310(b), designated

existing provisions as par. (1), substituted ''Except as provided

in paragraph (2), within'' for ''Within'', and added par. (2).

Subsec. (c). Pub. L. 100-180, Sec. 2310(a), designated existing

provisions as par. (1), substituted ''Except as provided in

paragraph (2), the'' for ''The'', and added par. (2).

1986 - Subsec. (a). Pub. L. 99-661, Sec. 2702(a)(1), substituted

''$1,000,000'' for ''the amount specified by law as the maximum

amount for a minor military construction project''.

Subsec. (b)(1). Pub. L. 99-661, Sec. 2702(a)(2), substituted

''$500,000'' for ''50 percent of the amount specified by law as the

maximum amount for a minor military construction project''.

Subsec. (c). Pub. L. 99-661, Sec. 2702(a)(3), substituted

''$200,000'' for ''20 percent of the amount specified by law as the

maximum amount for a minor military construction project''.

1985 - Subsec. (a). Pub. L. 99-167, Sec. 809(1), inserted ''an

amount equal to 125 percent of''.

Subsec. (c). Pub. L. 99-167, Sec. 809(2), substituted ''The'' for

''Only funds authorized for minor construction projects may be used

to accomplish unspecified minor construction projects, except that

the''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION DEMONSTRATION

PROGRAM

Section 2892 of Pub. L. 104-106, as amended by Pub. L. 105-261,

div. B, title XXVIII, Sec. 2871, Oct. 17, 1998, 112 Stat. 2225,

provided that:

''(a) Program Authorized. - The Secretary of Defense may carry

out a program (to be known as the 'Department of Defense Laboratory

Revitalization Demonstration Program') for the revitalization of

Department of Defense laboratories. Under the program, the

Secretary may carry out minor military construction projects in

accordance with subsection (b) and other applicable law to improve

Department of Defense laboratories covered by the program.

''(b) Increased Maximum Amounts Applicable to Minor Construction

Projects. - For purpose of any military construction project

carried out under the program -

''(1) the amount provided in the second sentence of subsection

(a)(1) of section 2805 of title 10, United States Code, shall be

deemed to be $3,000,000;

''(2) the amount provided in subsection (b)(1) of such section

shall be deemed to be $1,500,000; and

''(3) the amount provided in subsection (c)(1)(B) of such

section shall be deemed to be $1,000,000.

''(c) Program Requirements. - (1) Not later than 30 days before

commencing the program, the Secretary shall establish procedures

for the review and approval of requests from Department of Defense

laboratories for construction under the program.

''(2) The laboratories at which construction may be carried out

under the program may not include Department of Defense

laboratories that are contractor-owned.

''(d) Report. - Not later than February 1, 2003, the Secretary

shall submit to Congress a report on the program. The report shall

include the Secretary's conclusions and recommendation regarding

the desirability of making the authority set forth under subsection

(b) permanent.

''(e) Exclusivity of Program. - Nothing in this section may be

construed to limit any other authority provided by law for any

military construction project at a Department of Defense laboratory

covered by the program.

''(f) Definitions. - In this section:

''(1) The term 'laboratory' includes -

''(A) a research, engineering, and development center;

''(B) a test and evaluation activity owned, funded, and

operated by the Federal Government through the Department of

Defense; and

''(C) a supporting facility of a laboratory.

''(2) The term 'supporting facility', with respect to a

laboratory, means any building or structure that is used in

support of research, development, test, and evaluation at the

laboratory.

''(g) Expiration of Authority. - The Secretary may not commence a

construction project under the program after September 30, 2003.''

INITIAL ESTABLISHMENT OF CERTAIN AMOUNTS REQUIRED TO BE SPECIFIED

BY LAW

Maximum amount of $1,000,000 for unspecified minor military

construction project under this section during the period beginning

Oct. 1, 1982, and ending on the date of the enactment of the

Military Construction Authorization Act for fiscal year 1984 or

Oct. 1, 1983, whichever is later, see section 11(1) of Pub. L.

97-214, set out as a note under section 2828 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2208, 2806, 2853, 2867,

18233a of this title.

-CITE-

10 USC Sec. 2806 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2806. Contributions for North Atlantic Treaty Organizations

Security Investment

-STATUTE-

(a) Within amounts authorized by law for such purpose, the

Secretary of Defense may make contributions for the United States

share of the cost of multilateral programs for the acquisition and

construction of military facilities and installations (including

international military headquarters) and for related expenses for

the collective defense of the North Atlantic Treaty Area.

(b) Funds may not be obligated or expended in connection with the

North Atlantic Treaty Organization Security Investment program in

any year unless such funds have been authorized by law for such

program.

(c)(1) The Secretary may make contributions in excess of the

amount appropriated for contribution under subsection (a) if the

amount of the contribution in excess of that amount does not exceed

200 percent of the amount specified by section 2805(a)(2) of this

title as the maximum amount for a minor military construction

project.

(2) If the Secretary determines that the amount appropriated for

contribution under subsection (a) in any fiscal year must be

exceeded by more than the amount authorized under paragraph (1),

the Secretary may make contributions in excess of such amount, but

not in excess of 125 percent of the amount appropriated (A) after

submitting a report in writing to the appropriate committees of

Congress on such increase, including a statement of the reasons for

the increase and a statement of the source of the funds to be used

for the increase, and (B) after a period of 21 days has elapsed

from the date of receipt of the report.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 156;

amended Pub. L. 97-321, title VIII, Sec. 805(b)(1), Oct. 15, 1982,

96 Stat. 1573; Pub. L. 99-661, div. B, title V, Sec. 2503(a), Nov.

14, 1986, 100 Stat. 4039; Pub. L. 100-26, Sec. 7(f)(1), Apr. 21,

1987, 101 Stat. 281; Pub. L. 102-190, div. B, title XXVIII, Sec.

2870(5), Dec. 5, 1991, 105 Stat. 1563; Pub. L. 104-201, div. B,

title XXVIII, Sec. 2802(a), (c)(1), Sept. 23, 1996, 110 Stat.

2787.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201, Sec. 2802(c)(1), substituted

''Organizations Security Investment'' for ''Organization

Infrastructure'' in section catchline.

Subsec. (b). Pub. L. 104-201, Sec. 2802(a), substituted

''Security Investment program'' for ''Infrastructure program''.

1991 - Subsec. (c)(2)(B). Pub. L. 102-190 substituted ''after''

for ''after either'' and struck out before period at end ''or after

each such committee has indicated approval of the increased

contribution''.

1987 - Subsec. (c)(1). Pub. L. 100-26 substituted ''specified by

section 2805(a)(2) of this title'' for ''specified by law''.

1986 - Subsec. (a). Pub. L. 99-661 inserted ''and for related

expenses'' after ''headquarters)''.

1982 - Pub. L. 97-321 substituted ''Infrastructure'' for

''infrastructure'' in section catchline.

-CHANGE-

CHANGE OF NAME

Section 2802(b) of Pub. L. 104-201 provided that: ''Any reference

to the North Atlantic Treaty Organization Infrastructure program in

any Federal law, Executive order, regulation, delegation of

authority, or document of or pertaining to the Department of

Defense shall be deemed to refer to the North Atlantic Treaty

Organization Security Investment program.''

-MISC4-

EFFECTIVE DATE OF 1986 AMENDMENT

Section 2503(b) of Pub. L. 99-661 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply only

with respect to contributions made with funds appropriated for

fiscal years after fiscal year 1986.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

RESTRICTION ON CERTAIN FUNDING

Section 2504 of Pub. L. 99-661 prohibited Secretary of Defense

from obligating or expending any funds after fiscal year 1987 with

respect to NATO infrastructure program under this section until

Secretary submitted to Committees on Armed Services of Senate and

House (1) a comprehensive master plan for establishing adequate

active defenses for air bases in Europe at which operations of

United States aircraft are planned, sites in Europe used by United

States for logistic support of NATO or for prepositioned overseas

mateAE1riel configured to unit sets, and (2) a report containing a

certification by Secretary that sufficient funds have been budgeted

by Department of Defense in fiscal year 1988 five-year defense plan

to meet objectives of such comprehensive master plan.

-CITE-

10 USC Sec. 2807 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2807. Architectural and engineering services and construction

design

-STATUTE-

(a) Within amounts appropriated for military construction and

military family housing, the Secretary concerned may obtain

architectural and engineering services and may carry out

construction design in connection with military construction

projects, family housing projects, and projects undertaken in

connection with the authority provided under section 2854 of this

title that are not otherwise authorized by law. Amounts available

for such purposes may be used for construction management of

projects that are funded by foreign governments directly or through

international organizations and for which elements of the armed

forces of the United States are the primary user.

(b) In the case of architectural and engineering services and

construction design to be undertaken under subsection (a) for which

the estimated cost exceeds $500,000, the Secretary concerned shall

notify the appropriate committees of Congress of the scope of the

proposed project and the estimated cost of such services not less

than 21 days before the initial obligation of funds for such

services.

(c) If the Secretary concerned determines that the amount

authorized for activities under subsection (a) in any fiscal year

must be increased the Secretary may proceed with activities at such

higher level (1) after submitting a report in writing to the

appropriate committees of Congress on such increase, including a

statement of the reasons for the increase and a statement of the

source of funds to be used for the increase, and (2) after a period

of 21 days has elapsed from the date of receipt of the report.

(d) For architectural and engineering services and construction

design related to military construction and family housing

projects, the Secretaries of the military departments may incur

obligations for contracts or portions of contracts using military

construction and family housing appropriations from different

fiscal years to the extent that those appropriations are available

for obligation.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 156;

amended Pub. L. 98-115, title VIII, Sec. 804, Oct. 11, 1983, 97

Stat. 785; Pub. L. 99-661, div. B, title VII, Sec. 2702(b),

2712(a), Nov. 14, 1986, 100 Stat. 4040, 4041; Pub. L. 102-190,

div. B, title XXVIII, Sec. 2870(6), Dec. 5, 1991, 105 Stat. 1563;

Pub. L. 105-261, div. B, title XXVIII, Sec. 2801, Oct. 17, 1998,

112 Stat. 2202.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-261, Sec. 2801(a), substituted

''$500,000'' for ''$300,000''.

Subsec. (d). Pub. L. 105-261, Sec. 2801(b), substituted

''architectural and engineering services and construction design''

for ''study, planning, design, architectural, and engineering

services''.

1991 - Subsec. (c)(2). Pub. L. 102-190 substituted ''after'' for

''after either'' and struck out before period at end ''or after

each such committee has indicated approval of the increased level

of activity''.

1986 - Subsec. (b). Pub. L. 99-661, Sec. 2702(b), substituted

''$300,000'' for ''the maximum amount specified by law for the

purposes of this section''.

Subsec. (d). Pub. L. 99-661, Sec. 2712(a), added subsec. (d).

1983 - Subsec. (a). Pub. L. 98-115 substituted ''Within amounts

appropriated for military construction and military family

housing'' for ''Within amounts appropriated for such purposes'' and

inserted '', family housing projects, and projects undertaken in

connection with the authority provided under section 2854 of this

title that are'' after ''in connection with military construction

projects''.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 2712(b) of Pub. L. 99-661 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply only to

funds appropriated for fiscal years after fiscal year 1985.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION DESIGN

CONTRACTS FOR MILITARY CONSTRUCTION PROJECTS

Pub. L. 98-212, title VII, Sec. 796, Dec. 8, 1983, 97 Stat. 1455,

provided that: ''No funds appropriated for the Departments of

Defense, Army, Navy, or the Air Force shall be obligated by their

respective Secretaries for architectural and engineering services

and construction design contracts for Military Construction

projects in the amount of $85,000 and over, unless competition for

such contracts is open to all firms regardless of size in

accordance with 40 U.S.C. Sec. 541, et seq. (now chapter 11 of

Title 40, Public Buildings, Property, and Works.)''

SMALL BUSINESS SET-ASIDE FOR ARCHITECTURAL AND ENGINEERING SERVICES

AND CONSTRUCTION DESIGN

Section 806 of Pub. L. 98-115 provided that:

''(a) The Secretary of Defense shall conduct a comprehensive

review of current policies and practices of the Department of

Defense with regard to the award of contracts for architectural and

engineering services and construction design for military

construction projects. The Secretary shall conduct such review

with a view to determining whether current policies and practices

of the Department of Defense result in a reasonable distribution of

such contracts to firms of all sizes throughout the

architect-engineer community.

''(b) Upon the completion of such review, the Secretary shall

modify current policies and practices of the Department to the

extent necessary to ensure -

''(1) that small business concerns (as defined in section 3 of

the Small Business Act (15 U.S.C. 632)) are assured of a

reasonable share of such contracts; and

''(2) that large architect-engineer firms are not precluded

from competing for such contracts when the estimated amount of

such contracts is greater than a reasonable threshold amount

prescribed by the Secretary.

''(c) Not later than March 1, 1984, the Secretary shall submit to

the appropriate committees of Congress a written report on the

results of the review required by subsection (a) and on any changes

made to current policies and practices as required by subsection

(b).

''(d) For the purposes of this section:

''(1) The term 'reasonable share' means an appropriate

percentage share of all contracts referred to in subsection (a)

as determined by the Secretary of Defense after consultation with

the Admininstrator (sic) of the Small Business Administration and

representatives of the architect-engineer community.

''(2) The term 'reasonable threshold amount' means an

appropriate estimated contract dollar amount determined by the

Secretary of Defense after consultation with the Administrator of

the Small Business Administration and representatives of the

architect-engineer community.''

INITIAL ESTABLISHMENT OF CERTAIN AMOUNTS REQUIRED TO BE SPECIFIED

BY LAW

Amounts of $300,000 or more for contracts for architectural and

engineering services or construction design subject to the

reporting requirement under this section during the period

beginning on Oct. 1, 1982, and ending on the date of the Military

Construction Authorization Act for fiscal year 1984 or Oct. 1,

1983, whichever is later, see section 11(2) of Pub. L. 97-214, set

out as a note under section 2828 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 114, 2687 of this title.

-CITE-

10 USC Sec. 2808 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2808. Construction authority in the event of a declaration of

war or national emergency

-STATUTE-

(a) In the event of a declaration of war or the declaration by

the President of a national emergency in accordance with the

National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use

of the armed forces, the Secretary of Defense, without regard to

any other provision of law, may undertake military construction

projects, and may authorize the Secretaries of the military

departments to undertake military construction projects, not

otherwise authorized by law that are necessary to support such use

of the armed forces. Such projects may be undertaken only within

the total amount of funds that have been appropriated for military

construction, including funds appropriated for family housing, that

have not been obligated.

(b) When a decision is made to undertake military construction

projects authorized by this section, the Secretary of Defense shall

notify the appropriate committees of Congress of the decision and

of the estimated cost of the construction projects, including the

cost of any real estate action pertaining to those construction

projects.

(c) The authority described in subsection (a) shall terminate

with respect to any war or national emergency at the end of the war

or national emergency.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 157.)

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act (50 U.S.C. 1601 et seq.), referred

to in subsec. (a), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat.

1255, as amended, which is classified principally to chapter 34

(Sec. 1601 et seq.) of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 1601 of Title 50 and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

Pub. L. 97-99, title IX, Sec. 903, Dec. 23, 1981, 95 Stat. 1382,

which was set out as a note under section 140 (now 127) of this

title, prior to repeal by Pub. L. 97-214, Sec. 7(18).

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-EXEC-

EX. ORD. NO. 12734. NATIONAL EMERGENCY CONSTRUCTION AUTHORITY

Ex. Ord. No. 12734, Nov. 14, 1990, 55 F.R. 48099, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

International Emergency Economic Powers Act (50 U.S.C. 1701 et

seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and 3

U.S.C. 301, I declared a national emergency by Executive Order No.

12722, dated August 2, 1990 (50 U.S.C. 1701 note), to deal with the

threat to the national security and foreign policy of the United

States caused by the invasion of Kuwait by Iraq. To provide

additional authority to the Department of Defense to respond to

that threat, and in accordance with section 301 of the National

Emergencies Act (50 U.S.C. 1631), I hereby order that the emergency

construction authority at 10 U.S.C. 2808 is invoked and made

available in accordance with its terms to the Secretary of Defense

and, at the discretion of the Secretary of Defense, to the

Secretaries of the military departments.

This order is effective immediately and shall be transmitted to

the Congress and published in the Federal Register.

George Bush.

EX. ORD. NO. 13235. NATIONAL EMERGENCY CONSTRUCTION AUTHORITY

Ex. Ord. No. 13235, Nov. 16, 2001, 66 F.R. 58343, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301

of title 3, United States Code, I declared a national emergency

that requires the use of the Armed Forces of the United States, by

Proclamation 7463 of September 14, 2001 (50 U.S.C. 1621 note),

because of the terrorist attacks on the World Trade Center and the

Pentagon, and because of the continuing and immediate threat to the

national security of the United States of further terrorist

attacks. To provide additional authority to the Department of

Defense to respond to that threat, and in accordance with section

301 of the National Emergencies Act (50 U.S.C. 1631), I hereby

order that the emergency construction authority at 10 U.S.C. 2808

is invoked and made available in accordance with its terms to the

Secretary of Defense and, at the discretion of the Secretary of

Defense, to the Secretaries of the military departments.

George W. Bush.

-CITE-

10 USC Sec. 2809 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2809. Long-term facilities contracts for certain activities

and services

-STATUTE-

(a) Submission and Authorization of Proposed Projects. - The

Secretary concerned may enter into a contract for the procurement

of services in connection with the construction, management, and

operation of a facility on or near a military installation for the

provision of an activity or service described in subsection (b) if

-

(1) the Secretary concerned has identified the proposed project

for that facility in the budget material submitted to Congress by

the Secretary of Defense in connection with the budget submitted

pursuant to section 1105 of title 31 for the fiscal year in which

the contract is proposed to be awarded;

(2) the Secretary concerned has determined that the services to

be provided at that facility can be more economically provided

through the use of a long-term contract than through the use of

conventional means; and

(3) the project has been authorized by law.

(b) Authorized Purposes of Contract. - The activities and

services referred to in subsection (a) are as follows:

(1) Child care services.

(2) Utilities, including potable and waste water treatment

services.

(3) Depot supply activities.

(4) Troop housing.

(5) Transient quarters.

(6) Hospital or medical facilities.

(7) Other logistic and administrative services, other than

depot maintenance.

(c) Conditions on Obligation of Funds. - A contract entered into

for a project pursuant to subsection (a) shall include the

following provisions:

(1) A statement that the obligation of the United States to

make payments under the contract in any fiscal year is subject to

appropriations being provided specifically for that fiscal year

and specifically for that project.

(2) A commitment to obligate the necessary amount for each

fiscal year covered by the contract when and to the extent that

funds are appropriated for that project for that fiscal year.

(3) A statement that such a commitment given under the

authority of this section does not constitute an obligation of

the United States.

(d) Competitive Procedures. - Each contract entered into under

this section shall be awarded through the use of competitive

procedures as provided in chapter 137 of this title. In accordance

with such procedures, the Secretary concerned shall solicit bids or

proposals for a contract for each project that has been authorized

by law.

(e) Term of Contract. - A contract under this section may be for

any period not in excess of 32 years, excluding the period for

construction.

(f) Notice and Wait Requirements. - A contract may not be entered

into under this section until -

(1) the Secretary concerned submits to the appropriate

committees of Congress, in writing, a justification of the need

for the facility for which the contract is to be awarded and an

economic analysis (based upon accepted life cycle costing

procedures) which demonstrates that the proposed contract is cost

effective when compared with alternative means of furnishing the

same facility; and

(2) a period of 21 calendar days has expired following the date

on which the justification and the economic analysis are received

by the committees.

-SOURCE-

(Added Pub. L. 99-167, title VIII, Sec. 811(a), Dec. 3, 1985, 99

Stat. 990; amended Pub. L. 99-661, div. A, title XIII, Sec.

1343(a)(20), div. B, title VII, Sec. 2711, Nov. 14, 1986, 100

Stat. 3994, 4041; Pub. L. 100-180, div. B, subdiv. 3, title I,

Sec. 2302(a), (b), Dec. 4, 1987, 101 Stat. 1215; Pub. L. 100-456,

div. B, title XXVIII, Sec. 2801, Sept. 29, 1988, 102 Stat. 2115;

Pub. L. 101-189, div. B, title XXVIII, Sec. 2803, Nov. 29, 1989,

103 Stat. 1647; Pub. L. 102-190, div. B, title XXVIII, Sec.

2805(a)(1), Dec. 5, 1991, 105 Stat. 1537.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-190 substituted section catchline for one

which read ''Test of long-term facilities contracts'' and amended

text generally, substituting present provisions for provisions

authorizing contracts for construction, management, and operation

of facilities on or near military installations for the provision

of certain enumerated activities or services, setting out

procedures, terms, and other limits for such contracts, providing

that no more than 5 contracts may be entered into under this

section other than contracts for child care centers, and providing

that authority to enter into such contracts was to expire on Sept.

30, 1991.

1989 - Subsec. (a)(1)(B)(ii). Pub. L. 101-189, Sec. 2803(1),

substituted ''Utilities, including potable'' for ''Potable''.

Subsec. (b). Pub. L. 101-189, Sec. 2803(2), substituted

''activities and services described in clause (i) or (ii) of

subsection (a)(1)(B)'' for ''child care centers''.

Subsec. (c). Pub. L. 101-189, Sec. 2803(3), substituted ''1991''

for ''1989''.

1988 - Subsec. (a)(3). Pub. L. 100-456 substituted ''32'' for

''20''.

1987 - Subsec. (a)(1)(B)(vi), (vii). Pub. L. 100-180, Sec.

2302(a), added cl. (vi) and redesignated former cl. (vi) as (vii).

Subsec. (c). Pub. L. 100-180, Sec. 2302(b), substituted ''1989''

for ''1987''.

1986 - Subsec. (a)(1). Pub. L. 99-661, Sec. 2711, amended par.

(1) generally. Prior to amendment, par. (1) read as follows: ''The

Secretary concerned may enter into a contract for the construction,

management, and operation of a facility on or near a military

installation in the United States for the provision of child care

services, waste water treatment, or depot supply activities in a

case in which the Secretary concerned determines that the facility

can be more efficiently and more economically provided under a

long-term contract than by other appropriate means.''

Pub. L. 99-661, Sec. 1343(a)(20)(A), substituted ''a contract''

for ''contracts'', ''a facility'' for ''facilities'', ''a military

installation'' for ''military installations'', ''a case'' for

''cases'', ''facility'' for ''facilities'', and ''a long-term

contract'' for ''long-term contracts'' and inserted a comma after

''waste water treatment''.

Subsec. (a)(2). Pub. L. 99-661, Sec. 1343(a)(20)(B), substituted

''this section'' for ''subsection (a)''.

Subsec. (a)(3). Pub. L. 99-661, Sec. 1343(a)(20)(C), substituted

''20'' for ''twenty''.

Subsec. (a)(4)(A). Pub. L. 99-661, Sec. 1343(a)(20)(D), struck

out ''the'' before ''Congress''.

Subsec. (b). Pub. L. 99-661, Sec. 1343(a)(20)(E), struck out

''the authority of subsection (a) of'' after ''under''.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 2805(b) of Pub. L. 102-190 provided that: ''Section 2809

of title 10, United States Code, as amended by subsection (a),

shall apply with respect to contracts entered into under that

section on or after the date of the enactment of this Act (Dec. 5,

1991).''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section

2702 of Pub. L. 100-456, set out as a note under section 2391 of

this title.

DEMONSTRATION PROGRAM ON REDUCTION IN LONG-TERM FACILITY

MAINTENANCE COSTS

Pub. L. 107-107, div. B, title XXVIII, Sec. 2814, Dec. 28, 2001,

115 Stat. 1310, as amended by Pub. L. 107-314, div. B, title

XXVIII, Sec. 2813(a)-(d)(1), Dec. 2, 2002, 116 Stat. 2709, 2710,

provided that:

''(a) Authority To Carry Out Program. - The Secretary of Defense

or the Secretary of a military department may conduct a

demonstration program to assess the feasibility and desirability of

including facility maintenance requirements in construction

contracts for military construction projects for the purpose of

determining whether such requirements facilitate reductions in the

long-term facility maintenance costs of the military departments.

''(b) Contracts. - (1) Not more than 12 contracts per military

department may contain requirements referred to in subsection (a)

for the purpose of the demonstration program.

''(2) The demonstration program may only cover contracts entered

into on or after the date of the enactment of the Bob Stump

National Defense Authorization Act for Fiscal Year 2003 (Pub. L.

107-314, approved Dec. 2, 2002), except that the Secretary of the

Army shall treat any contract containing requirements referred to

in subsection (a) that was entered into under the authority in such

subsection between that date and December 28, 2001, as a contract

for the purpose of the demonstration program.

''(c) Effective Period of Requirements. - The effective period of

a requirement referred to in subsection (a) that is included in a

contract for the purpose of the demonstration program may not

exceed five years.

''(d) Reporting Requirements. - Not later than January 31, 2005,

the Secretary of Defense shall submit to Congress a report on the

demonstration program, including the following:

''(1) A description of all contracts that contain requirements

referred to in subsection (a) for the purpose of the

demonstration program.

''(2) An evaluation of the demonstration program and a

description of the experience of the Secretary with respect to

such contracts.

''(3) Any recommendations, including recommendations for the

termination, continuation, or expansion of the demonstration

program, that the Secretary considers appropriate.

''(e) Expiration. - The authority under subsection (a) to include

requirements referred to in that subsection in contracts under the

demonstration program shall expire on September 30, 2006.

''(f) Funding. - Amounts authorized to be appropriated for the

military departments or defense-wide for a fiscal year for military

construction shall be available for the demonstration program under

this section in such fiscal year.''

(Pub. L. 107-314, div. B, title XXVIII, Sec. 2813(d)(2), Dec. 2,

2002, 116 Stat. 2710, provided that: ''The amendment made by

paragraph (1) (amending section 2814(f) of Pub. L. 107-107, set out

above) shall not affect the availability for the purpose of the

demonstration program under section 2814 of the Military

Construction Authorization Act for Fiscal Year 2002, as amended by

this section, of any amounts authorized to be appropriated before

the date of the enactment of this Act (Dec. 2, 2002) for the Army

for military construction that have been obligated for the

demonstration program, but not expended, as of that date.'')

REPORT

Section 2302(c) of Pub. L. 100-180 directed each Secretary who

has entered into a contract under this section to submit a report

to Committees on Armed Services of Senate and House of

Representatives by Feb. 15, 1989, containing date and duration of,

other party to, and nature of activities carried out under each

such contract, and recommendations, and reasons therefor,

concerning whether authority to enter into contracts under this

section should be extended.

-CITE-

10 USC Sec. 2810 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

(Sec. 2810. Repealed. Pub. L. 107-314, div. A, title III, Sec.

313(b), Dec. 2, 2002, 116 Stat. 2507)

-MISC1-

Section, added Pub. L. 99-499, title II, Sec. 211(b)(1), Oct. 17,

1986, 100 Stat. 1725, related to military construction projects for

environmental response actions.

-CITE-

10 USC Sec. 2811 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2811. Repair of facilities

-STATUTE-

(a) Repairs Using Operations and Maintenance Funds. - Using funds

available to the Secretary concerned for operation and maintenance,

the Secretary concerned may carry out repair projects for an entire

single-purpose facility or one or more functional areas of a

multipurpose facility.

(b) Approval Required for Major Repairs. - A repair project

costing more than $5,000,000 may not be carried out under this

section unless approved in advance by the Secretary concerned. In

determining the total cost of a repair project, the Secretary shall

include all phases of a multi-year repair project to a single

facility. In considering a repair project for approval, the

Secretary shall ensure that the project is consistent with force

structure plans, that repair of the facility is more cost effective

than replacement, and that the project is an appropriate use of

operation and maintenance funds.

(c) Prohibition on New Construction or Additions. - Construction

of new facilities or additions to existing facilities may not be

carried out under the authority of this section.

(d) Congressional Notification. - When a decision is made to

carry out a repair project under this section with an estimated

cost in excess of $10,000,000, the Secretary concerned shall submit

to the appropriate committees of Congress a report containing -

(1) the justification for the repair project and the current

estimate of the cost of the project; and

(2) the justification for carrying out the project under this

section.

(e) Repair Project Defined. - In this section, the term ''repair

project'' means a project to restore a real property facility,

system, or component to such a condition that it may effectively be

used for its designated functional purpose.

-SOURCE-

(Added Pub. L. 99-661, div. A, title III, Sec. 315(a), Nov. 14,

1986, 100 Stat. 3854, Sec. 2810; renumbered Sec. 2811, Pub. L.

100-26, Sec. 7(e)(3), Apr. 21, 1987, 101 Stat. 281; amended Pub. L.

103-337, div. B, title XXVIII, Sec. 2801(a), Oct. 5, 1994, 108

Stat. 3050; Pub. L. 105-85, div. B, title XXVIII, Sec. 2802, Nov.

18, 1997, 111 Stat. 1990.)

-MISC1-

AMENDMENTS

1997 - Subsecs. (d), (e). Pub. L. 105-85 added subsecs. (d) and

(e).

1994 - Pub. L. 103-337 substituted ''Repair'' for ''Renovation''

in section catchline and amended text generally. Prior to

amendment, text read as follows:

''(a) The Secretary concerned may carry out renovation projects

that combine maintenance, repair, and minor construction projects

for an entire single-purpose facility, or one or more functional

areas of a multipurpose facility, using funds available for

operations and maintenance.

''(b) The amount obligated on such a renovation project may not

exceed the maximum amount specified by law for a minor construction

project under section 2805 of this title.

''(c) Construction of new facilities or additions to existing

facilities may not be carried out under the authority of this

section.''

-CITE-

10 USC Sec. 2812 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2812. Lease-purchase of facilities

-STATUTE-

(a)(1) The Secretary concerned may enter into an agreement with a

private contractor for the lease of a facility of the kind

specified in paragraph (2) if the facility is provided at the

expense of the contractor on a military installation under the

jurisdiction of the Department of Defense.

(2) The facilities that may be leased pursuant to paragraph (1)

are as follows:

(A) Administrative office facilities.

(B) Troop housing facilities.

(C) Energy production facilities.

(D) Utilities, including potable and waste water treatment

facilities.

(E) Hospital and medical facilities.

(F) Transient quarters.

(G) Depot or storage facilities.

(H) Child care centers.

(I) Classroom and laboratories.

(b) Leases entered into under subsection (a) -

(1) may not exceed a term of 32 years;

(2) shall provide that, at the end of the term of the lease,

title to the leased facility shall vest in the United States; and

(3) shall include such other terms and conditions as the

Secretary concerned determines are necessary or desirable to

protect the interests of the United States.

(c)(1) The Secretary concerned may not enter into a lease under

this section until -

(A) the Secretary submits to the appropriate committees of

Congress a justification of the need for the facility for which

the proposed lease is being entered into and an economic analysis

(based upon accepted life-cycle costing procedures) that

demonstrates the cost effectiveness of the proposed lease

compared with a military construction project for the same

facility; and

(B) a period of 21 days has expired following the date on which

the justification and economic analysis are received by the

committees.

(2) Each Secretary concerned may, under this section, enter into

-

(A) not more than three leases in fiscal year 1990; and

(B) not more than five leases in each of the fiscal years 1991

and 1992.

(d) Each lease entered into under this section shall include a

provision that the obligation of the United States to make payments

under the lease in any fiscal year is subject to the availability

of appropriations for that purpose.

-SOURCE-

(Added Pub. L. 101-189, div. B, title XXVIII, Sec. 2809(a), Nov.

29, 1989, 103 Stat. 1649; amended Pub. L. 101-510, div. B, title

XXVIII, Sec. 2864, Nov. 5, 1990, 104 Stat. 1806.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(2)(I). Pub. L. 101-510 added subpar. (I).

-CITE-

10 USC Sec. 2813 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2813. Acquisition of existing facilities in lieu of authorized

construction

-STATUTE-

(a) Acquisition Authority. - Using funds appropriated for a

military construction project authorized by law for a military

installation, the Secretary of the military department concerned

may acquire an existing facility (including the real property on

which the facility is located) at or near the military installation

instead of carrying out the authorized military construction

project if the Secretary determines that -

(1) the acquisition of the facility satisfies the requirements

of the military department concerned for the authorized military

construction project; and

(2) it is in the best interests of the United States to acquire

the facility instead of carrying out the authorized military

construction project.

(b) Modification or Conversion of Acquired Facility. - (1) As

part of the acquisition of an existing facility under subsection

(a), the Secretary of the military department concerned may carry

out such modifications, repairs, or conversions of the facility as

the Secretary considers to be necessary so that the facility

satisfies the requirements for which the military construction

project was authorized.

(2) The costs of anticipated modifications, repairs, or

conversions under paragraph (1) are required to remain within the

authorized amount of the military construction project. The

Secretary concerned shall consider such costs in determining

whether the acquisition of an existing facility is -

(A) more cost effective than carrying out the authorized

military construction project; and

(B) in the best interests of the United States.

(c) Notice and Wait Requirements. - A contract may not be entered

into for the acquisition of a facility under subsection (a) until

the end of the 30-day period beginning on the date the Secretary

concerned transmits to the appropriate committees of Congress a

written notification of the determination to acquire an existing

facility instead of carrying out the authorized military

construction project. The notification shall include the reasons

for acquiring the facility.

-SOURCE-

(Added Pub. L. 103-160, div. B, title XXVIII, Sec. 2805(a)(1),

Nov. 30, 1993, 107 Stat. 1886; amended Pub. L. 104-106, div. A,

title XV, Sec. 1502(a)(25), Feb. 10, 1996, 110 Stat. 506.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-106 substituted ''appropriate

committees of Congress'' for ''Committees on Armed Services and the

Committees on Appropriations of the Senate and House of

Representatives''.

EFFECTIVE DATE

Section 2805(b) of Pub. L. 103-160 provided that: ''Section 2813

of title 10, United States Code, as added by subsection (a), shall

apply with respect to military construction projects authorized on

or after the date of the enactment of this Act (Nov. 30, 1993).''

-CITE-

10 USC Sec. 2814 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2814. Special authority for development of Ford Island, Hawaii

-STATUTE-

(a) In General. - (1) Subject to paragraph (2), the Secretary of

the Navy may exercise any authority or combination of authorities

in this section for the purpose of developing or facilitating the

development of Ford Island, Hawaii, to the extent that the

Secretary determines the development is compatible with the mission

of the Navy.

(2) The Secretary of the Navy may not exercise any authority

under this section until -

(A) the Secretary submits to the appropriate committees of

Congress a master plan for the development of Ford Island,

Hawaii; and

(B) a period of 30 calendar days has elapsed following the date

on which the notification is received by those committees.

(b) Conveyance Authority. - (1) The Secretary of the Navy may

convey to any public or private person or entity all right, title,

and interest of the United States in and to any real property

(including any improvements thereon) or personal property under the

jurisdiction of the Secretary in the State of Hawaii that the

Secretary determines -

(A) is excess to the needs of the Navy and all of the other

armed forces; and

(B) will promote the purpose of this section.

(2) A conveyance under this subsection may include such terms and

conditions as the Secretary considers appropriate to protect the

interests of the United States.

(c) Lease Authority. - (1) The Secretary of the Navy may lease to

any public or private person or entity any real property or

personal property under the jurisdiction of the Secretary in the

State of Hawaii that the Secretary determines -

(A) is not needed for current operations of the Navy and all of

the other armed forces; and

(B) will promote the purpose of this section.

(2) A lease under this subsection shall be subject to section

2667(b)(1) of this title and may include such other terms as the

Secretary considers appropriate to protect the interests of the

United States.

(3) A lease of real property under this subsection may provide

that, upon termination of the lease term, the lessee shall have the

right of first refusal to acquire the real property covered by the

lease if the property is then conveyed under subsection (b).

(4)(A) The Secretary may provide property support services to or

for real property leased under this subsection.

(B) To the extent provided in appropriations Acts, any payment

made to the Secretary for services provided under this paragraph

shall be credited to the appropriation, account, or fund from which

the cost of providing the services was paid.

(d) Acquisition of Leasehold Interest by Secretary. - (1) The

Secretary of the Navy may acquire a leasehold interest in any

facility constructed under subsection (f) as consideration for a

transaction authorized by this section upon such terms as the

Secretary considers appropriate to promote the purpose of this

section.

(2) The term of a lease under paragraph (1) may not exceed 10

years, unless the Secretary of Defense approves a term in excess of

10 years for purposes of this section.

(3) A lease under this subsection may provide that, upon

termination of the lease term, the United States shall have the

right of first refusal to acquire the facility covered by the

lease.

(e) Requirement for Competition. - The Secretary of the Navy

shall use competitive procedures for purposes of selecting the

recipient of real or personal property under subsection (b) and the

lessee of real or personal property under subsection (c).

(f) Consideration. - (1) As consideration for the conveyance of

real or personal property under subsection (b), or for the lease of

real or personal property under subsection (c), the Secretary of

the Navy shall accept cash, real property, personal property, or

services, or any combination thereof, in an aggregate amount equal

to not less than the fair market value of the real or personal

property conveyed or leased.

(2) Subject to subsection (i), the services accepted by the

Secretary under paragraph (1) may include the following:

(A) The construction or improvement of facilities at Ford

Island.

(B) The restoration or rehabilitation of real property at Ford

Island.

(C) The provision of property support services for property or

facilities at Ford Island.

(g) Notice and Wait Requirements. - The Secretary of the Navy may

not carry out a transaction authorized by this section until -

(1) the Secretary submits to the appropriate committees of

Congress a notification of the transaction, including -

(A) a detailed description of the transaction; and

(B) a justification for the transaction specifying the manner

in which the transaction will meet the purposes of this

section; and

(2) a period of 30 calendar days has elapsed following the date

on which the notification is received by those committees.

(h) Ford Island Improvement Account. - (1) There is established

on the books of the Treasury an account to be known as the ''Ford

Island Improvement Account''.

(2) There shall be deposited into the account the following

amounts:

(A) Amounts authorized and appropriated to the account.

(B) Except as provided in subsection (c)(4)(B), the amount of

any cash payment received by the Secretary for a transaction

under this section.

(i) Use of Account. - (1) Subject to paragraph (2), to the extent

provided in advance in appropriations Acts, funds in the Ford

Island Improvement Account may be used as follows:

(A) To carry out or facilitate the carrying out of a

transaction authorized by this section.

(B) To carry out improvements of property or facilities at Ford

Island.

(C) To obtain property support services for property or

facilities at Ford Island.

(2) To extent that the authorities provided under subchapter IV

of this chapter are available to the Secretary of the Navy, the

Secretary may not use the authorities in this section to acquire,

construct, or improve family housing units, military unaccompanied

housing units, or ancillary supporting facilities related to

military housing.

(3)(A) The Secretary may transfer funds from the Ford Island

Improvement Account to the following funds:

(i) The Department of Defense Family Housing Improvement Fund

established by section 2883(a)(1) of this title.

(ii) The Department of Defense Military Unaccompanied Housing

Improvement Fund established by section 2883(a)(2) of this title.

(B) Amounts transferred under subparagraph (A) to a fund referred

to in that subparagraph shall be available in accordance with the

provisions of section 2883 of this title for activities authorized

under subchapter IV of this chapter at Ford Island.

(j) Inapplicability of Certain Property Management Laws. - Except

as otherwise provided in this section, transactions under this

section shall not be subject to the following:

(1) Sections 2667 and 2696 of this title.

(2) Section 501 of the McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11411).

(3) Subchapter II of chapter 5 and sections 541-555 of title

40.

(k) Scoring. - Nothing in this section shall be construed to

waive the applicability to any lease entered into under this

section of the budget scorekeeping guidelines used to measure

compliance with the Balanced Budget and Emergency Deficit Control

Act of 1985.

(l) Property Support Service Defined. - In this section, the term

'property support service' means the following:

(1) Any utility service or other service listed in section

2686(a) of this title.

(2) Any other service determined by the Secretary to be a

service that supports the operation and maintenance of real

property, personal property, or facilities.

-SOURCE-

(Added Pub. L. 106-65, div. B, title XXVIII, Sec. 2802(a)(1), Oct.

5, 1999, 113 Stat. 845; amended Pub. L. 106-398, Sec. 1 ((div. A),

title X, Sec. 1087(a)(16)), Oct. 30, 2000, 114 Stat. 1654,

1654A-291; Pub. L. 107-107, div. A, title X, Sec. 1048(d)(1), Dec.

28, 2001, 115 Stat. 1227; Pub. L. 107-217, Sec. 3(b)(18), Aug. 21,

2002, 116 Stat. 1296.)

-REFTEXT-

REFERENCES IN TEXT

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (k), is title II of Pub. L. 99-177, Dec. 12,

1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900

et seq.) and sections 654 to 656 of Title 2, The Congress, amended

sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections

1104 to 1106, and 1109 of Title 31, Money and Finance, and section

911 of Title 42, The Public Health and Welfare, repealed section

661 of Title 2, enacted provisions set out as notes under section

900 of Title 2 and section 911 of Title 42, and amended provisions

set out as a note under section 621 of Title 2. For complete

classification of this Act to the Code, see Short Title note set

out under section 900 of Title 2 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (j)(3). Pub. L. 107-217 substituted ''Subchapter

II of chapter 5 and sections 541-555 of title 40'' for ''Sections

202 and 203 of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 483, 484)''.

2001 - Subsec. (j)(2). Pub. L. 107-107 substituted

''McKinney-Vento Homeless Assistance Act'' for ''Stewart B.

McKinney Homeless Assistance Act''.

2000 - Subsec. (k). Pub. L. 106-398 inserted ''and'' after

''Balanced Budget''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2883 of this title.

-CITE-

10 USC Sec. 2815 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER I - MILITARY CONSTRUCTION

-HEAD-

Sec. 2815. Joint use military construction projects: annual

evaluation

-STATUTE-

(a) Joint Use Military Construction Project Defined. - In this

section, the term ''joint use military construction project'' means

a military construction project for a facility intended to be used

by -

(1) both the active and a reserve component of a single armed

force; or

(2) two or more components (whether active or reserve

components) of the armed forces.

(b) Annual Evaluation. - In the case of the budget submitted

under section 1105 of title 31 for any fiscal year, the Secretary

of Defense shall include in the budget justification materials

submitted to Congress in support of the budget a certification by

each Secretary concerned that, in evaluating military construction

projects for inclusion in the budget for that fiscal year, the

Secretary concerned evaluated the feasibility of carrying out the

projects as joint use military construction projects.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2801(b)(1)), Oct. 30, 2000, 114 Stat. 1654, 1654A-412; amended Pub.

L. 107-314, div. A, title X, Sec. 1062(a)(14), Dec. 2, 2002, 116

Stat. 2650.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-314 substituted ''for any fiscal

year'' for ''for fiscal year 2003 and each fiscal year

thereafter''.

-CITE-

10 USC SUBCHAPTER II - MILITARY FAMILY HOUSING 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

.

-HEAD-

SUBCHAPTER II - MILITARY FAMILY HOUSING

-MISC1-

Sec.

2821. Requirement for authorization of appropriations for

construction and acquisition of military family housing.

2822. Requirement for authorization of number of family housing

units.

2823. Determination of availability of suitable alternative housing

for acquisition in lieu of construction of new family housing.

2824. Authorization for acquisition of existing family housing in

lieu of construction.

2825. Improvements to family housing units.

2826. Military family housing: local comparability of room patterns

and floor areas.

2827. Relocation of military family housing units.

2828. Leasing of military family housing.

2829. Multi-year contracts for supplies and services.

2830. Occupancy of substandard family housing units.

2831. Military family housing management account.

2832. Homeowners assistance program.

2833. Family housing support.

2834. Participation in Department of State housing pools.

2835. Long-term leasing of military family housing to be

constructed.

2836. Military housing rental guarantee program.

2837. Limited partnerships with private developers of housing.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2803(a)(2)), Oct. 30, 2000, 114 Stat. 1654, 1654A-413, substituted

''Military family housing: local comparability of room patterns and

floor areas'' for ''Limitations on space by pay grade'' in item

2826.

1994 - Pub. L. 103-337, div. B, title XXVIII, Sec. 2803(b), Oct.

5, 1994, 108 Stat. 3053, added item 2837.

1991 - Pub. L. 102-190, div. B, title XXVIII, Sec. 2806(a)(2),

2809(a)(2), Dec. 5, 1991, 105 Stat. 1540, 1543, added items 2835

and 2836.

1985 - Pub. L. 99-167, title VIII, Sec. 804(b)(2), 808(b), Dec.

3, 1985, 99 Stat. 987, 989, added items 2833 and 2834.

-CITE-

10 USC Sec. 2821 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2821. Requirement for authorization of appropriations for

construction and acquisition of military family housing

-STATUTE-

(a) Except as provided in subsection (b), funds may not be

appropriated for the construction, acquisition, leasing, addition,

extension, expansion, alteration, relocation, or operation and

maintenance of family housing under the jurisdiction of the

Department of Defense unless the appropriation of such funds has

been authorized by law.

(b) In addition to the funds authorized to be appropriated by law

in any fiscal year for the purposes described in subsection (a),

there are authorized to be appropriated such additional sums as may

be necessary for increases in salary, pay, retirement, and other

employee benefits authorized by law for civilian employees of the

Department of Defense whose compensation is provided for by funds

appropriated for the purposes described in such subsection.

(c) Amounts authorized by law for construction of military family

housing units include amounts for (1) site preparation (including

demolition), (2) installation of utilities, (3) ancillary

supporting facilities, (4) shades, screens, ranges, refrigerators,

and all other equipment and fixtures installed in such units, and

(5) construction supervision, inspection, and overhead.

(d) Amounts authorized by law for construction and acquisition of

military family housing and facilities include amounts for -

(1) minor construction;

(2) improvements to existing military family housing units and

facilities;

(3) relocation of military family housing units under section

2827 of this title; and

(4) architectural and engineering services and construction

design.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 157;

amended Pub. L. 99-145, title XIII, Sec. 1303(a)(18), Nov. 8, 1985,

99 Stat. 739; Pub. L. 99-167, title VIII, Sec. 804(a), Dec. 3,

1985, 99 Stat. 987.)

-MISC1-

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-145 substituted ''such

subsection'' for ''such paragraph''.

Subsec. (d). Pub. L. 99-167 added subsec. (d).

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

REPAIR AND MAINTENANCE OF FAMILY HOUSING UNITS

Pub. L. 107-249, Sec. 127, Oct. 23, 2002, 116 Stat. 1586,

provided that: ''Notwithstanding this or any other provision of

law, funds appropriated in Military Construction Appropriations

Acts for operations and maintenance of family housing shall be the

exclusive source of funds for repair and maintenance of all family

housing units, including general or flag officer quarters:

Provided, That not more than $35,000 per unit may be spent annually

for the maintenance and repair of any general or flag officer

quarters without 30 days advance prior notification to the

appropriate committees of Congress, except that an after-the-fact

notification shall be submitted if the limitation is exceeded

solely due to costs associated with environmental remediation that

could not be reasonably anticipated at the time of the budget

submission: Provided further, That the Under Secretary of Defense

(Comptroller) is to report annually to the Committees on

Appropriations all operations and maintenance expenditures for each

individual general or flag officer quarters for the prior fiscal

year.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-64, Sec. 127, Nov. 5, 2001, 115 Stat. 482.

Pub. L. 106-246, div. A, Sec. 127, July 13, 2000, 114 Stat. 518.

Pub. L. 106-52, Sec. 128, Aug. 17, 1999, 113 Stat. 267.

PILOT PROGRAM FOR MILITARY FAMILY HOUSING

Pub. L. 100-180, div. B, subdiv. 3, title II, Sec. 2321, Dec. 4,

1987, 101 Stat. 1218, required Secretary of Defense, using

$1,000,000 of funds appropriated pursuant to authorization in

subsection (a)(10)(B) of section 2145 of Pub. L. 100-180, to

establish and carry out, during fiscal years 1988, 1989, and 1990,

a pilot program for purpose of assisting units of general local

government to increase amount of affordable family housing

available to military personnel; required Secretary, establishing

and carrying out such programs, to select at least five units of

general local government severely impacted by presence of military

bases and personnel; set forth criteria for selection of units of

general local government, authority to make grants, cooperative

agreements, etc., and uses of available funds; and required

Secretary to report to Committees on Armed Services of Senate and

House no later than Mar. 15 of 1988, 1989, 1990, and 1991 with

respect to activities carried out under this section.

MILITARY HOUSING RENTAL GUARANTEE PROGRAM

Pub. L. 98-115, title VIII, Sec. 802, Oct. 11, 1983, 97 Stat.

783, as amended by Pub. L. 98-407, title VIII, Sec. 806(b), Aug.

28, 1984, 98 Stat. 1521; Pub. L. 99-167, title VIII, Sec. 801(a),

Dec. 3, 1985, 99 Stat. 985; Pub. L. 99-661, div. B, title VII,

Sec. 2713(a), Nov. 14, 1986, 100 Stat. 4042; Pub. L. 100-180, div.

B, subdiv. 3, title I, Sec. 2307, Dec. 4, 1987, 101 Stat. 1216;

Pub. L. 101-189, div. B, title XXVIII, Sec. 2801, Nov. 29, 1989,

103 Stat. 1646; Pub. L. 101-510, div. B, title XXVIII, Sec. 2811,

Nov. 5, 1990, 104 Stat. 1788, provided for agreements and contracts

relating to military housing rental guarantee program, prior to

repeal by Pub. L. 102-190, div. B, title XXVIII, Sec. 2809(b),

(c), Dec. 5, 1991, 105 Stat. 1543, such repeal not to affect the

validity of any contract entered into before Dec. 5, 1991, under

section 802 of Pub. L. 98-115 as in effect on Dec. 4, 1991. See

section 2836 of this title.

FAMILY HOUSING CONSTRUCTED OVERSEAS

Pub. L. 98-115, title VIII, Sec. 803, Oct. 11, 1983, 97 Stat.

784, as amended by Pub. L. 98-407, title VIII, Sec. 812, Aug. 28,

1984, 98 Stat. 1524; Pub. L. 101-510, div. A, title XIII, Sec.

1302(f), Nov. 5, 1990, 104 Stat. 1669, provided that any contract

entered into for the construction of military family housing for

the Department of Defense in a foreign country was to require the

use of housing fabricated in the United States by a United States

contractor or, in the case of concrete housing, the use of housing

produced in a plant that was fabricated in the United States by a

United States company, and for which the materials, fixtures, and

equipment used in the construction (other than cement, sand, and

aggregates) were manufactured in the United States, prior to repeal

by Pub. L. 107-314, div. B, title XXVIII, Sec. 2804, Dec. 2, 2002,

116 Stat. 2705.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 114 of this title.

-CITE-

10 USC Sec. 2822 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2822. Requirement for authorization of number of family

housing units

-STATUTE-

(a) Except as otherwise provided in subsection (b) or as

otherwise authorized by law, the Secretary concerned may not

construct or acquire military family housing units unless the

number of units to be constructed or acquired has been specifically

authorized by law.

(b) Subsection (a) does not apply to the following:

(1) Housing units acquired under section 404 of the Housing

Amendments of 1955 (42 U.S.C. 1594a).

(2) Housing units leased under section 2828 of this title.

(3) Housing units acquired under the Homeowners Assistance

Program referred to in section 2832 of this title.

(4) Housing units acquired without consideration.

(5) Replacement housing units constructed under section 2825(c)

of this title.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 158;

amended Pub. L. 98-525, title XIV, Sec. 1405(44), Oct. 19, 1984, 98

Stat. 2625; Pub. L. 100-180, div. B, subdiv. 3, title I, Sec.

2308, Dec. 4, 1987, 101 Stat. 1216; Pub. L. 101-510, div. A, title

XIII, Sec. 1301(17), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102-25,

title VII, Sec. 701(j)(9), Apr. 6, 1991, 105 Stat. 116; Pub. L.

102-484, div. B, title XXVIII, Sec. 2802(b), Oct. 23, 1992, 106

Stat. 2606.)

-MISC1-

AMENDMENTS

1992 - Subsec. (b)(5). Pub. L. 102-484 added par. (5).

1991 - Subsec. (b)(4). Pub. L. 102-25 realigned margin of par.

(4).

1990 - Subsec. (b)(4). Pub. L. 101-510 amended par. (4)

generally. Prior to amendment, par. (4) read as follows: ''Housing

units acquired without consideration, if -

''(A) the Secretary concerned provides to the appropriate

committees of Congress written notification of the facts

concerning the proposed acquisition; and

''(B) a period of 21 days elapses after the notification is

received by those committees.''

1987 - Subsec. (b)(4). Pub. L. 100-180 added par. (4).

1984 - Subsec. (b)(3). Pub. L. 98-525 substituted ''section

2832'' for ''section 2833''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2823 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2823. Determination of availability of suitable alternative

housing for acquisition in lieu of construction of new family

housing

-STATUTE-

(a) Before entering into a contract for the construction of

family housing units authorized by law to be constructed at a

location within the United States, the Secretary concerned shall

consult in writing with the Secretary of Housing and Urban

Development as to the availability of suitable alternative housing

at such location. The Secretary of Housing and Urban Development

shall advise the Secretary concerned in writing as to the

availability of such housing. If the Secretary of Housing and

Urban Development does not advise the Secretary concerned as to the

availability of such housing within 21 days of the date on which

the request for such advice is made, the Secretary concerned may

enter into a contract for the proposed construction.

(b) If the Secretary concerned and the Secretary of Housing and

Urban Development agree that suitable alternative housing is

available at a location at which military family housing units are

authorized to be constructed, the Secretary may not proceed with

such construction.

(c) The Secretary of Defense shall prescribe regulations to

define what constitutes suitable alternative housing for the

purposes of this section.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 158;

amended Pub. L. 105-85, div. A, title X, Sec. 1041(b), Nov. 18,

1997, 111 Stat. 1885.)

-MISC1-

AMENDMENTS

1997 - Subsecs. (b) to (d). Pub. L. 105-85 redesignated subsecs.

(c) and (d) as (b) and (c), respectively, and struck out former

subsec. (b) which read as follows: ''If the Secretary concerned and

the Secretary of Housing and Urban Development disagree with

respect to the availability of suitable alternative housing at any

location, the Secretary concerned shall notify the appropriate

committees of Congress, in writing, of the disagreement, of the

Secretary's decision to proceed with the construction, and of the

justification for proceeding with the construction. A contract for

construction of family housing units at such location may not then

be entered into until the end of the 21-day period beginning on the

date such committees receive the notification.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2824 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2824. Authorization for acquisition of existing family housing

in lieu of construction

-STATUTE-

(a) In lieu of constructing any family housing units authorized

by law to be constructed, the Secretary concerned may acquire sole

interest in existing family housing units that are privately owned

or that are held by the Department of Housing and Urban

Development, except that in foreign countries the Secretary

concerned may acquire less than sole interest in existing family

housing units.

(b) When authority provided by law to construct military family

housing units is used to acquire existing family housing units

under subsection (a), the authority includes authority to acquire

interests in land.

(c) The net floor area of a family housing unit acquired under

the authority of this section may not exceed the applicable

limitation specified in section 2826 of this title. The Secretary

concerned may waive the limitation set forth in the preceding

sentence to family housing units acquired under this section during

the five-year period beginning on February 10, 1996.

(d) Family housing units may not be acquired under this section

through the exercise of eminent domain authority.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 159;

amended Pub. L. 104-106, div. B, title XXVIII, Sec. 2813, Feb. 10,

1996, 110 Stat. 553; Pub. L. 104-201, div. A, title X, Sec.

1074(a)(17), Sept. 23, 1996, 110 Stat. 2659.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-201 substituted ''February 10,

1996'' for ''the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1996''.

Pub. L. 104-106 inserted at end ''The Secretary concerned may

waive the limitation set forth in the preceding sentence to family

housing units acquired under this section during the five-year

period beginning on the date of the enactment of the National

Defense Authorization Act for Fiscal Year 1996.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2825 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2825. Improvements to family housing units

-STATUTE-

(a)(1) Authority provided by law to improve existing military

family housing units and ancillary family housing support

facilities is authority to make alterations, additions, expansions,

and extensions.

(2) In this section, the term ''improvement'' includes

rehabilitation of a housing unit and major maintenance or repair

work to be accomplished concurrently with an improvement project.

Such term does not include day-to-day maintenance and repair work.

(b)(1) Funds may not be expended for the improvement of any

single family housing unit, or for the improvement of two or more

housing units that are to be converted into or are to be used as a

single family housing unit, if the cost per unit of such

improvement will exceed (A) $50,000 multiplied by the area

construction cost index as developed by the Department of Defense

for the location concerned at the time of contract award, or (B) in

the case of improvements necessary to make the unit suitable for

habitation by a handicapped person, $60,000 multiplied by such

index. The Secretary concerned may waive the limitations contained

in the preceding sentence if (i) such Secretary determines that,

considering the useful life of the structure to be improved and the

useful life of a newly constructed unit and the cost of

construction and of operation and maintenance of each kind of unit

over its useful life, the improvement will be cost-effective, and

(ii) a period of 21 days elapses after the date on which the

appropriate committees of Congress receive a notice from such

Secretary of the proposed waiver, together with an economic

analysis demonstrating that the improvement will be cost effective.

(2) In determining the applicability of the limitation contained

in paragraph (1), the Secretary concerned shall include as part of

the cost of the improvement of the unit or units concerned the

following:

(A) The cost of major maintenance or repair work undertaken in

connection with the improvement.

(B) Any cost, other than the cost of activities undertaken

beyond a distance of five feet from the unit or units concerned,

in connection with -

(i) the furnishing of electricity, gas, water, and sewage

disposal;

(ii) the construction or repair of roads, drives, and walks;

and

(iii) grading and drainage work.

(3) In determining the applicability of the limitation contained

in paragraph (1), the Secretary concerned shall not include as part

of the cost of the improvement of the unit or units concerned the

following:

(A) The cost of the installation of communications, security,

or antiterrorism equipment required by an occupant of the unit or

units to perform duties assigned to the occupant as a member of

the armed forces.

(B) The cost of the maintenance or repair of equipment

described in subparagraph (A) installed for the purpose specified

in such subparagraph.

(4) The limitation contained in the first sentence of paragraph

(1) does not apply to a project for the improvement of a family

housing unit or units referred to in that sentence if the project

(including the amount requested for the project) is identified in

the budget materials submitted to Congress by the Secretary of

Defense in connection with the submission to Congress of the budget

for a fiscal year pursuant to section 1105 of title 31.

(c)(1) The Secretary concerned may construct replacement military

family housing units in lieu of improving existing military family

housing units if -

(A) the improvement of the existing housing units has been

authorized by law;

(B) the Secretary determines that the improvement project is no

longer cost-effective after a review of post-design or bid cost

estimates;

(C) the Secretary submits to the committees referred to in

subsection (b)(1) a notice containing -

(i) an economic analysis demonstrating that the improvement

project would exceed 70 percent of the cost of constructing

replacement housing units intended for members of the armed

forces in the same pay grade or grades as those members who

occupy the existing housing units; and

(ii) if the replacement housing units are intended for

members of the armed forces in a different pay grade or grades,

a justification of the need for the replacement housing units

based upon the long-term requirements of the armed forces in

the location concerned; and

(D) a period of 21 days elapses after the date on which the

Secretary submits the notice required by subparagraph (C).

(2) The amount that may be expended to construct replacement

military family housing units under this subsection may not exceed

the amount that is otherwise available to carry out the previously

authorized improvement project.

(d) This section does not apply to projects authorized for

restoration or replacement of housing units that have been damaged

or destroyed.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 159;

amended Pub. L. 99-661, div. B, title VII, Sec. 2702(c), Nov. 14,

1986, 100 Stat. 4040; Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987,

101 Stat. 284; Pub. L. 100-180, div. B, subdiv. 3, title I, Sec.

2305, Dec. 4, 1987, 101 Stat. 1215; Pub. L. 101-189, div. B, title

XXVIII, Sec. 2804, Nov. 29, 1989, 103 Stat. 1647; Pub. L. 101-510,

div. B, title XXVIII, Sec. 2812, Nov. 5, 1990, 104 Stat. 1788;

Pub. L. 102-484, div. B, title XXVIII, Sec. 2802(a), Oct. 23,

1992, 106 Stat. 2605; Pub. L. 103-337, div. B, title XXVIII, Sec.

2802, Oct. 5, 1994, 108 Stat. 3050; Pub. L. 104-106, div. A, title

XV, Sec. 1502(a)(26), Feb. 10, 1996, 110 Stat. 506; Pub. L.

104-201, div. B, title XXVIII, Sec. 2803, Sept. 23, 1996, 110

Stat. 2788; Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2802), Oct. 30, 2000, 114 Stat. 1654, 1654A-413.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(3), (4). Pub. L. 106-398 added par. (3) and

redesignated former par. (3) as (4).

1996 - Subsec. (a)(2). Pub. L. 104-201, Sec. 2803(a), inserted

''major'' before ''maintenance or repair'' and ''Such term does not

include day-to-day maintenance and repair work.'' at end.

Subsec. (b)(1). Pub. L. 104-106 substituted ''appropriate

committees of Congress'' for ''Committees on Armed Services and the

Committees on Appropriations of the Senate and of the House of

Representatives''.

Subsec. (b)(2). Pub. L. 104-201, Sec. 2803(b), added par. (2) and

struck out former par. (2) which read as follows: ''In determining

the applicability of the limitation contained in paragraph (1),

there shall be included as part of the cost of the improvement the

cost of repairs undertaken in connection with the improvement and

any cost in connection with (A) the furnishing of electricity, gas,

water and sewage disposal, (B) the construction or repair of roads

and walks, and (C) grading and drainage work.''

1994 - Subsec. (b)(3). Pub. L. 103-337 added par. (3).

1992 - Subsecs. (c), (d). Pub. L. 102-484 added subsec. (c) and

redesignated former subsec. (c) as (d).

1990 - Subsec. (b)(1). Pub. L. 101-510 substituted ''$50,000''

for ''$40,000'' in cl. (A) and inserted at end sentence authorizing

Secretary concerned to waive limitations contained in preceding

sentence.

1989 - Subsec. (b)(1). Pub. L. 101-189 inserted ''(A)'' after

''will exceed'' and added cl. (B).

1987 - Subsec. (a)(2). Pub. L. 100-26 inserted ''the term'' after

''In this section,''.

Subsec. (b)(1). Pub. L. 100-180 substituted ''$40,000'' for

''$30,000''.

1986 - Subsec. (b)(1). Pub. L. 99-661 substituted ''$30,000'' for

''an amount specified by law for such purpose''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

INITIAL ESTABLISHMENT OF CERTAIN AMOUNTS REQUIRED TO BE SPECIFIED

BY LAW

Maximum amount of $30,000 per unit for an improvement project for

family housing units under this section during the period beginning

Oct. 1, 1982, and ending on the date of the enactment of the

Military Construction Authorization Act for fiscal year 1984 or

Oct. 1, 1983, whichever is later, see section 11(3) of Pub. L.

97-214, set out as a note under section 2828 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2822 of this title.

-CITE-

10 USC Sec. 2826 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2826. Military family housing: local comparability of room

patterns and floor areas

-STATUTE-

(a) Local Comparability. - In the construction, acquisition, and

improvement of military family housing, the Secretary concerned

shall ensure that the room patterns and floor areas of military

family housing in a particular locality (as designated by the

Secretary concerned for purposes of this section) are similar to

room patterns and floor areas of similar housing in the private

sector in that locality.

(b) Requests for Authority for Military Family Housing. - (1) In

submitting to Congress a request for authority to carry out the

construction, acquisition, or improvement of military family

housing, the Secretary concerned shall include in the request

information on the net floor area of each unit of military family

housing to be constructed, acquired, or improved under the

authority.

(2) In this subsection, the term ''net floor area'', in the case

of a military family housing unit, means the total number of square

feet of the floor space inside the exterior walls of the unit,

excluding the floor area of an unfinished basement, an unfinished

attic, a utility space, a garage, a carport, an open or

insect-screened porch, a stairwell, and any space used for a

solar-energy system.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 159;

amended Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284;

Pub. L. 102-190, div. B, title XXVIII, Sec. 2808, Dec. 5, 1991,

105 Stat. 1540; Pub. L. 104-106, div. B, title XXVIII, Sec. 2814,

2815, Feb. 10, 1996, 110 Stat. 553; Pub. L. 104-201, div. A, title

X, Sec. 1074(a)(17), Sept. 23, 1996, 110 Stat. 2659; Pub. L.

106-398, Sec. 1 (div. B, title XXVIII, Sec. 2803(a)(1)), Oct. 30,

2000, 114 Stat. 1654, 1654A-413.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-398 amended section catchline and text

generally. Prior to amendment, section consisted of subsecs. (a)

to (i) which limited the net floor area allowed in the

construction, acquisition, and improvement of military family

housing units.

1996 - Subsec. (e). Pub. L. 104-106, Sec. 2814, struck out at end

''The authority provided by this subsection shall expire on

September 30, 1994.''

Subsec. (i). Pub. L. 104-106, Sec. 2815, added subsec. (i).

Subsec. (i)(1). Pub. L. 104-201 substituted ''February 10, 1996''

for ''the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1996''.

1991 - Subsecs. (d) to (h). Pub. L. 102-190 added subsecs. (d)

and (e) and redesignated former subsecs. (d) to (f) as (f) to (h),

respectively.

1987 - Subsec. (f). Pub. L. 100-26 inserted ''the term'' after

''In this section,''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec. 2803(b)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-413, provided that:

''(1) The amendments made by subsection (a) (amending this

section) shall take effect on October 1, 2001, but the Secretary of

Defense shall anticipate the requirements of section 2826 of title

10, United States Code, as added by such subsection, when preparing

the budget request for new construction, acquisition, or

improvement of military family housing for fiscal year 2002.

''(2) Section 2826 of title 10, United States Code, as in effect

on September 30, 2001, shall continue to apply with respect to the

construction, acquisition, or improvement of military family

housing commenced on or before that date.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2824, 2880 of this title.

-CITE-

10 USC Sec. 2827 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2827. Relocation of military family housing units

-STATUTE-

(a) Subject to subsection (b), the Secretary concerned may

relocate existing military family housing units from any location

where the number of such units exceeds requirements for military

family housing to any military installation where there is a

housing shortage.

(b) A contract to carry out a relocation of military family

housing units under subsection (a) may not be awarded until (1) the

Secretary concerned has notified the appropriate committees of

Congress of the proposed new locations of the housing units to be

relocated and the estimated cost of and source of funds for the

relocation, and (2) a period of 21 days has elapsed after the

notification has been received by those committees.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 160.)

-MISC1-

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2821 of this title.

-CITE-

10 USC Sec. 2828 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2828. Leasing of military family housing

-STATUTE-

(a)(1) Subject to paragraph (2), the Secretary of the military

department concerned may lease housing facilities at or near a

military installation in the United States, Puerto Rico, or Guam

for assignment, without rental charge, as family housing to members

of the armed forces and for assignment, with fair market rental

charge, as family housing to civilian employees of the Department

of Defense stationed at such installation.

(2) A lease may only be made under paragraph (1) if the Secretary

concerned finds that there is a shortage of adequate housing at or

near such military installation and that -

(A) the requirement for such housing is temporary;

(B) leasing would be more cost effective than construction or

acquisition of new housing;

(C) family housing is required for personnel attending service

school academic courses on permanent change of station orders;

(D) construction of family housing at such installation has

been authorized by law but is not yet completed; or

(E) a military construction authorization bill pending in

Congress includes a request for authorization of construction of

family housing at such installation.

(b)(1) Not more than 10,000 family housing units may be leased at

any one time under subsection (a).

(2) Except as provided in paragraphs (3) and (4), expenditures

for the rental of housing units under subsection (a) (including the

cost of utilities, maintenance, and operation) may not exceed

$12,000 per unit per year, as adjusted from time to time under

paragraph (5).

(3) Not more than 500 housing units may be leased under

subsection (a) for which the expenditure for the rental of such

units (including the cost of utilities, maintenance, and operation)

exceeds the maximum amount per unit per year in effect under

paragraph (2) but does not exceed $14,000 per unit per year, as

adjusted from time to time under paragraph (5).

(4)(A) The Secretary of the Army may lease not more than eight

housing units in the vicinity of Miami, Florida, for key and

essential personnel, as designated by the Secretary, for the United

States Southern Command for which the expenditure for the rental of

such units (including the cost of utilities, maintenance, and

operation, including security enhancements) exceeds the expenditure

limitations in paragraphs (2) and (3).

(B) The amount of all leases under this paragraph may not exceed

$280,000 per year, as adjusted from time to time under paragraph

(6).

(C) The term of any lease under this paragraph may not exceed 5

years.

(5) At the beginning of each fiscal year, the Secretary concerned

shall adjust the maximum lease amount provided for leases under

paragraphs (2) and (3) for the previous fiscal year by the

percentage (if any) by which the national average monthly cost of

housing (as calculated for purposes of determining rates of basic

allowance for housing under section 403 of title 37) for the

preceding fiscal year exceeds the national average monthly cost of

housing (as so calculated) for the fiscal year before such

preceding fiscal year.

(6) At the beginning of each fiscal year, the Secretary of the

Army shall adjust the maximum aggregate amount for leases under

paragraph (4) for the previous fiscal year by the percentage (if

any) by which the annual average cost of housing for the Miami

Military Housing Area (as calculated for purposes of determining

rates of basic allowance for housing under section 403 of title 37)

for the preceding fiscal year exceeds the annual average cost of

housing for the Miami Military Housing Area (as so calculated) for

the fiscal year before such preceding fiscal year.

(c) The Secretary concerned may lease housing facilities in

foreign countries for assignment, without rental charge, as family

housing to members of the armed forces and for assignment, with or

without rental charge, as family housing to civilian employees of

the Department of Defense -

(1) under circumstances specified in clause (A), (B), (D), or

(E) of subsection (a)(2);

(2) for incumbents of special command positions (as determined

by the Secretary of Defense);

(3) in countries where excessive costs of housing or other

lease terms would cause undue hardship on Department of Defense

personnel; and

(4) in countries that prohibit leases by individual military or

civilian personnel of the United States.

(d)(1) Leases of housing units in foreign countries under

subsection (c) for assignment as family housing may be for any

period not in excess of ten years, and the costs of such leases for

any year may be paid out of annual appropriations for that year.

(2) The Secretary may enter into an agreement under this

paragraph in connection with a lease entered into under subsection

(c). Such an agreement -

(A) shall be for the purpose of compensating a developer for

any costs resulting from the termination of the lease during the

construction of the housing units that are to be occupied

pursuant to the lease;

(B) may be for a period not in excess of three years; and

(C) shall include a provision that the obligation of the United

States to make payments under the agreement in any fiscal year is

subject to the availability of appropriations.

(e)(1) Expenditures for the rental of family housing in foreign

countries (including the costs of utilities, maintenance, and

operation) may not exceed $20,000 per unit per year, except that

450 units may be leased in foreign countries for not more than

$25,000 per unit per year. These maximum lease amounts may be

waived by the Secretary concerned with respect to not more than a

total of 350 such units that are leased for incumbents of special

positions or for personnel assigned to Defense Attache Offices or

that are leased in countries where excessive costs of housing would

cause undue hardship on Department of Defense personnel.

(2) In addition to the 450 units of family housing referred to in

paragraph (1) for which the maximum lease amount is $25,000 per

unit per year, the Secretary of the Navy may lease not more than

2,000 units of family housing in Italy, and the Secretary of the

Army may lease not more than 500 units of family housing in Italy,

subject to that maximum lease amount.

(3) In addition to the 450 units of family housing referred to in

paragraph (1) for which the maximum lease amount is $25,000 per

unit per year, the Secretary of the Army may lease not more than

1,175 units of family housing in Korea subject to that maximum

lease amount.

(4) In addition to the units of family housing referred to in

paragraph (1) for which the maximum lease amount is $25,000 per

unit per year, the Secretary of the Army may lease not more than

2,400 units of family housing in Korea subject to a maximum lease

amount of $35,000 per unit per year.

(5) The Secretary concerned shall adjust the maximum lease

amounts provided for under paragraphs (1), (2), (3), and (4) for

the previous fiscal year -

(A) for foreign currency fluctuations from October 1, 1987; and

(B) at the beginning of each fiscal year, by the percentage (if

any) by which the Consumer Price Index for All Urban Consumers,

published by the Bureau of Labor Statistics, during the preceding

fiscal year exceeds such Consumer Price Index for the fiscal year

before such preceding fiscal year.

(6) The maximum number of family housing units that may be leased

in foreign countries under this section at any one time is 55,775.

(f) A lease for family housing facilities, or for real property

related to family housing facilities, in a foreign country for

which the average estimated annual rental during the term of the

lease exceeds $500,000 may not be made under this section until (1)

the Secretary concerned provides to the appropriate committees of

Congress written notification of the facts concerning the proposed

lease, and (2) a period of 21 days elapses after the notification

is received by those committees.

(g) Appropriations available to the Department of Defense for

maintenance or construction may be used for the acquisition of

interests in land under this section.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 161;

amended Pub. L. 97-321, title VIII, Sec. 805(b)(2), Oct. 15, 1982,

96 Stat. 1573; Pub. L. 98-115, title VIII, Sec. 801, Oct. 11, 1983,

97 Stat. 782; Pub. L. 98-407, title VIII, Sec. 806(a), Aug. 28,

1984, 98 Stat. 1521; Pub. L. 99-167, title VIII, Sec. 801(b), 803,

805, Dec. 3, 1985, 99 Stat. 985, 987, 988; Pub. L. 99-661, div. B,

title VII, Sec. 2702(d)-(g), 2713(b), 2714, Nov. 14, 1986, 100

Stat. 4040-4042; Pub. L. 100-26, Sec. 7(j)(8), Apr. 21, 1987, 101

Stat. 283; Pub. L. 100-180, div. B, subdiv. 3, title I, Sec.

2306(a), 2309, 2311, Dec. 4, 1987, 101 Stat. 1216, 1217; Pub. L.

100-370, Sec. 1(l)(2), July 19, 1988, 102 Stat. 849; Pub. L.

100-456, div. B, title XXVIII, Sec. 2802, Sept. 29, 1988, 102

Stat. 2115; Pub. L. 101-189, div. B, title XXVIII, Sec. 2802,

2805, Nov. 29, 1989, 103 Stat. 1646, 1647; Pub. L. 102-190, div.

B, title XXVIII, Sec. 2806(b), Dec. 5, 1991, 105 Stat. 1540; Pub.

L. 103-35, title II, Sec. 201(d)(7), May 31, 1993, 107 Stat. 99;

Pub. L. 103-160, div. B, title XXVIII, Sec. 2801, Nov. 30, 1993,

107 Stat. 1883; Pub. L. 104-106, div. B, title XXVIII, Sec. 2816,

Feb. 10, 1996, 110 Stat. 553; Pub. L. 105-85, div. B, title

XXVIII, Sec. 2803, Nov. 18, 1997, 111 Stat. 1990; Pub. L. 105-261,

div. B, title XXVIII, Sec. 2802, Oct. 17, 1998, 112 Stat. 2202;

Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec. 2804), Oct. 30,

2000, 114 Stat. 1654, 1654A-414; Pub. L. 107-314, div. A, title X,

Sec. 1062(a)(15), div. B, title XXVIII, Sec. 2801, Dec. 2, 2002,

116 Stat. 2650, 2702.)

-MISC1-

HISTORICAL AND REVISION NOTES

1988 ACT

Subsection (h) of this section and section 2673 of this title are

based on Pub. L. 98-212, title VII, Sec. 707, Dec. 8, 1983, 97

Stat. 1438.

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-314, Sec. 1062(a)(15),

inserted ''time'' after ''from time to''.

Subsec. (e)(3). Pub. L. 107-314, Sec. 2801(a), substituted

''1,175 units'' for ''800 units''.

Subsec. (e)(4). Pub. L. 107-314, Sec. 2801(b)(2), added par. (4).

Former par. (4) redesignated (5).

Subsec. (e)(5). Pub. L. 107-314, Sec. 2801(b)(1), (3),

redesignated par. (4) as (5) and substituted ''(3), and (4)'' for

''and (3)'' in introductory provisions. Former par. (5)

redesignated (6).

Subsec. (e)(6). Pub. L. 107-314, Sec. 2801(b)(1), (4),

redesignated par. (5) as (6) and substituted ''55,775'' for

''53,000''.

2000 - Subsec. (b)(2). Pub. L. 106-398, Sec. 1 (div. B, title

XXVIII, Sec. 2804(c)(1)), inserted '', as adjusted from time to

under paragraph (5)'' after ''per year''.

Subsec. (b)(3). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII,

Sec. 2804(c)(2)), substituted ''the maximum amount per unit per

year in effect under paragraph (2) but does not exceed $14,000 per

unit per year, as adjusted from time to time under paragraph (5)''

for ''$12,000 per unit per year but does not exceed $14,000 per

unit per year''.

Subsec. (b)(4). Pub. L. 106-398, Sec. 1 (div. B, title XXVIII,

Sec. 2804(a)), designated existing provisions as subpar. (A),

struck out last sentence which read as follows: ''The total amount

for all leases under this paragraph may not exceed $280,000 per

year, and no lease on any individual housing unit may exceed

$60,000 per year.'', and added subpars. (B) and (C).

Subsec. (b)(5), (6). Pub. L. 106-398, Sec. 1 (div. B, title

XXVIII, Sec. 2804(b)), added pars. (5) and (6) and struck out

former par. (5) which read as follows: ''At the beginning of each

fiscal year, the Secretary concerned shall adjust the maximum lease

amount provided for under paragraphs (2), (3), and (4) for the

previous fiscal year by the percentage (if any) by which the

Consumer Price Index for All Urban Consumers, published by the

Bureau of Labor Statistics, during the preceding fiscal year

exceeds such Consumer Price Index for the fiscal year before such

preceding fiscal year.''

1998 - Subsec. (e)(2). Pub. L. 105-261, Sec. 2802(a)(1), inserted

'', and the Secretary of the Army may lease not more than 500 units

of family housing in Italy,'' after ''family housing in Italy''.

Subsec. (e)(3). Pub. L. 105-261, Sec. 2802(a)(3), added par. (3).

Former par. (3) redesignated (4).

Subsec. (e)(4). Pub. L. 105-261, Sec. 2802(b), substituted '',

(2), and (3)'' for ''and (2)''.

Pub. L. 105-261, Sec. 2802(a)(2), redesignated par. (3) as (4).

Former par. (4) redesignated (5).

Subsec. (e)(5). Pub. L. 105-261, Sec. 2802(a)(2), redesignated

par. (4) as (5).

1997 - Subsec. (b)(2). Pub. L. 105-85, Sec. 2803(a)(1),

substituted ''paragraphs (3) and (4)'' for ''paragraph (3)''.

Subsec. (b)(4). Pub. L. 105-85, Sec. 2803(a)(3), added par. (4).

Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 105-85, Sec. 2803(b), substituted

''paragraphs (2), (3), and (4)'' for ''paragraphs (2) and (3)''.

Pub. L. 105-85, Sec. 2803(a)(2), redesignated par. (4) as (5).

1996 - Subsec. (e)(1). Pub. L. 104-106, Sec. 2816(1), substituted

''450 units'' for ''300 units'' in first sentence and ''350 such

units'' for ''220 such units'' in second sentence.

Subsec. (e)(2). Pub. L. 104-106, Sec. 2816(2), substituted ''450

units'' for ''300 units''.

1993 - Subsec. (b)(2), (3). Pub. L. 103-35 substituted ''per

year'' for ''per annum'' in par. (2) and in two places in par. (3).

Subsec. (b)(4). Pub. L. 103-160, Sec. 2801(a), added par. (4).

Subsec. (e)(1). Pub. L. 103-160, Sec. 2801(b)(1), (2),

substituted '', except that 300 units may be leased in foreign

countries for not more than $25,000 per unit per year'' for ''as

adjusted for foreign currency fluctuation from October 1, 1987'' in

first sentence and ''These maximum lease amounts'' for ''That

maximum lease amount'' in second sentence.

Pub. L. 103-35 substituted ''per year'' for ''per annum''.

Subsec. (e)(2) to (4). Pub. L. 103-160, Sec. 2801(b)(3), (4),

added pars. (2) and (3) and redesignated former par. (2) as (4).

1991 - Subsecs. (g), (h). Pub. L. 102-190 redesignated subsec.

(h) as (g) and struck out former subsec. (g) which authorized

contracts for lease of family housing units on or near military

installations at which there is a validated deficit in family

housing. See section 2835 of this title.

1989 - Subsec. (b)(2). Pub. L. 101-189, Sec. 2802(1), substituted

''$12,000'' for ''$10,000''.

Subsec. (b)(3). Pub. L. 101-189, Sec. 2802(2), substituted

''Not'' for ''(A) Except as provided in subparagraph (B), not'',

''$12,000'' for ''$10,000'', and ''$14,000'' for ''$12,000'' and

struck out subpar. (B) which read as follows: ''During fiscal years

1986 and 1987, the number of housing units that may be leased

pursuant to the provisions of subparagraph (A) may be increased by

500 units for each such fiscal year. The Secretary concerned shall

provide written notification to the Committees on Armed Services of

the Senate and House of Representatives concerning the location,

purpose, and cost of the additional units permitted by this

subparagraph. Such notification shall be made periodically as the

leases are entered into.''

Subsec. (e)(1). Pub. L. 101-189, Sec. 2802(3), inserted ''as

adjusted for foreign currency fluctuation from October 1, 1987''

after ''$20,000 per unit per annum''.

Subsec. (e)(2). Pub. L. 101-189, Sec. 2802(4), substituted

''53,000'' for ''38,000''.

Subsec. (g)(7). Pub. L. 101-189, Sec. 2805(1), added par. (7) and

struck out former par. (7) which provided that this subsection

could only be implemented by a pilot program, and that in carrying

out such program, the Secretary of each military department or the

Secretary of Transportation with respect to the Coast Guard, could

not enter into more than two contracts under this subsection, and

any such contract could not be for more than 300 family housing

units.

Subsec. (g)(8). Pub. L. 101-189, Sec. 2805, redesignated par. (9)

as (8), substituted ''1991'' for ''1989'', and struck out former

par. (8) which authorized the Secretaries of the military

departments and the Secretary of Transportation to enter into

contracts for family housing units in addition to those authorized

in par. (7).

Subsec. (g)(9), (10). Pub. L. 101-189, Sec. 2805(2), redesignated

par. (10) as (9). Former par. (9) redesignated (8).

1988 - Subsec. (e)(2). Pub. L. 100-456 substituted ''38,000'' for

''36,000''.

Subsec. (h). Pub. L. 100-370 added subsec. (h).

1987 - Subsec. (a)(1). Pub. L. 100-26 substituted ''armed

forces'' for ''Armed Forces''.

Subsec. (b)(2). Pub. L. 100-180, Sec. 2309(b)(1), inserted ''per

unit per annum'' after ''$10,000''.

Subsec. (b)(3)(A). Pub. L. 100-180, Sec. 2309(b)(2), substituted

''$10,000 per unit per annum but does not exceed $12,000 per unit

per annum'' for ''$10,000 but does not exceed $12,000''.

Subsec. (c). Pub. L. 100-26 substituted ''armed forces'' for

''Armed Forces''.

Subsec. (e)(1). Pub. L. 100-180, Sec. 2309(a)(1), substituted

''$20,000 per unit per annum'' for ''$16,800''.

Subsec. (e)(2). Pub. L. 100-180, Sec. 2309(a)(2), substituted

''36,000'' for ''32,000''.

Subsec. (f). Pub. L. 100-180, Sec. 2311, substituted ''$500,000''

for ''$250,000''.

Subsec. (g)(1). Pub. L. 100-180, Sec. 2306(a)(1), inserted '', or

the Secretary of Transportation with respect to the Coast Guard,''

after ''military department'' and ''or rehabilitated to residential

use'' after ''constructed''.

Subsec. (g)(7)(A). Pub. L. 100-180, Sec. 2306(a)(2), inserted '',

or the Secretary of Transportation with respect to the Coast

Guard,'' after ''military department''.

Subsec. (g)(8)(C). Pub. L. 100-180, Sec. 2306(a)(3), added

subpar. (C).

Subsec. (g)(9). Pub. L. 100-180, Sec. 2306(a)(4), substituted

''1989'' for ''1988''.

1986 - Subsec. (b)(2). Pub. L. 99-661, Sec. 2702(d)(1),

substituted ''$10,000'' for ''the amount specified by law as the

maximum annual domestic family housing unit lease amount''.

Subsec. (b)(3)(A). Pub. L. 99-661, Sec. 2702(d)(2), substituted

''$10,000 but does not exceed $12,000'' for ''the maximum annual

domestic family housing unit lease amount but does not exceed 120

percent of that amount''.

Subsec. (e)(1). Pub. L. 99-661, Sec. 2714, substituted ''220''

for ''200''.

Pub. L. 99-661, Sec. 2702(e), substituted ''$16,800'' for ''the

amount specified by law as the maximum annual foreign family

housing unit lease amount''.

Subsec. (e)(2). Pub. L. 99-661, Sec. 2702(f), substituted ''is

32,000'' for ''shall be specified by law''.

Subsec. (f). Pub. L. 99-661, Sec. 2702(g), substituted

''$250,000'' for ''the amount specified by law for such purpose''.

Subsec. (g)(8)(B). Pub. L. 99-661, Sec. 2713(b)(1), substituted

''1,600'' for ''600''.

Subsec. (g)(9). Pub. L. 99-661, Sec. 2713(b)(2), substituted

''September 30, 1988'' for ''September 30, 1986''.

Subsec. (g)(10). Pub. L. 99-661, Sec. 2713(b)(3), added par.

(10).

1985 - Subsec. (b)(3). Pub. L. 9-167, Sec. 805, designated

existing provisions as subpar. (A), substituted ''Except as

provided in subparagraph (B), not'' for ''Not'', and added subpar.

(B).

Subsec. (d). Pub. L. 99-167, Sec. 803, designated existing

provisions as par. (1) and added par. (2).

Subsec. (g)(8). Pub. L. 99-167, Sec. 801(b)(2), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (g)(9). Pub. L. 99-167, Sec. 801(b)(1), substituted

''September 30, 1986'' for ''October 1, 1985''.

1984 - Subsec. (g)(8), (9). Pub. L. 98-407 added par. (8) and

redesignated former par. (8) as (9).

1983 - Subsec. (g). Pub. L. 98-115 added subsec. (g).

1982 - Subsec. (e)(1). Pub. L. 97-321 inserted ''the'' after

''may be waived by'' in second sentence.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 2806(c) of Pub. L. 102-190 provided that: ''Section 2835

of title 10, United States Code, as added by subsection (a), shall

apply with respect to contracts entered into under that section on

or after the date of the enactment of this Act (Dec. 5, 1991). The

amendment made by subsection (b)(1) (amending this section) shall

not affect the validity of any contract entered into before that

date under section 2828(g) of such title, as in effect on the day

before that date.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section

2702 of Pub. L. 100-456, set out as a note under section 2391 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 806(c) of Pub. L. 98-407 provided that: ''The amendments

made by this section (amending this section and provisions set out

as a note under section 2821 of this title) shall take effect on

October 1, 1984.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2822, 2834 of this title;

title 20 section 7703.

-CITE-

10 USC Sec. 2829 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2829. Multi-year contracts for supplies and services

-STATUTE-

The Secretary concerned may make contracts for periods of up to

four years for supplies and services for the management,

maintenance, and operation of military family housing and may pay

the costs of such contracts for each year out of annual

appropriations for that year.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 162.)

-MISC1-

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2830 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2830. Occupancy of substandard family housing units

-STATUTE-

(a)(1) A member of the uniformed services with dependents may,

without loss of the member's basic allowance for housing under

section 403 of title 37, occupy a substandard family housing unit

under the jurisdiction of the Secretary concerned.

(2) Occupancy of a family housing unit under paragraph (1) shall

be subject to a charge against the member's basic allowance for

housing in the amount of the fair rental value of the housing

unit. However, such a charge may not be made in an amount in

excess of 75 percent of the amount of such allowance.

(b)(1) The Secretary concerned may lease substandard family

housing units to members of any of the uniformed services for

occupancy by such members.

(2) The authority to enter into leases under paragraph (1) shall

be exercised -

(A) in the case of a lease by the Secretary of a military

department, subject to regulations prescribed by the Secretary of

Defense; and

(B) in the case of a lease by the Secretary of Homeland

Security with respect to the Coast Guard when it is not operating

as a service in the Navy, subject to regulations prescribed by

that Secretary.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 162;

amended Pub. L. 99-348, title III, Sec. 304(a)(4), July 1, 1986,

100 Stat. 703; Pub. L. 100-180, div. A, title VI, Sec. 632(a),

Dec. 4, 1987, 101 Stat. 1105; Pub. L. 105-85, div. A, title VI,

Sec. 603(d)(2)(B), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2)(B). Pub. L. 107-296 substituted ''of

Homeland Security'' for ''of Transportation''.

1997 - Subsec. (a)(1). Pub. L. 105-85, Sec. 603(d)(2)(B)(i),

substituted ''basic allowance for housing under section 403 of

title 37'' for ''basic allowance for quarters''.

Subsec. (a)(2). Pub. L. 105-85, Sec. 603(d)(2)(B)(ii),

substituted ''basic allowance for housing'' for ''basic allowance

for quarters''.

1987 - Subsec. (a)(1). Pub. L. 100-180, Sec. 632(a)(1),

substituted ''Secretary concerned'' for ''Secretary of a military

department''.

Subsec. (b). Pub. L. 100-180, Sec. 632(a)(2), (3), designated

existing provisions as par. (1), substituted ''The Secretary

concerned'' for ''Subject to regulations prescribed by the

Secretary of Defense, the Secretary of a military department'', and

added par. (2).

1986 - Subsec. (c). Pub. L. 99-348 struck out subsec. (c) which

defined ''uniformed services'' in this section to mean the armed

forces and the commissioned corps of the Public Health Service and

of the National Oceanic and Atmospheric Administration. See section

101 of this title.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2801 of this title.

-CITE-

10 USC Sec. 2831 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2831. Military family housing management account

-STATUTE-

(a) There is on the books of the Treasury an account known as the

Department of Defense Military Family Housing Management Account

(hereinafter in this section referred to as the ''account''). The

account shall be used for the management and administration of

funds appropriated or otherwise made available to the Department of

Defense for military family housing programs.

(b) The account shall be administered as a single account. There

shall be transferred into the account -

(1) appropriations made for the purpose of, or which are

available for, the payment of costs arising in connection with

the construction, acquisition, leasing, relocation, operation and

maintenance, and disposal of military family housing, including

the cost of principal and interest charges, and insurance

premiums, arising in connection with the acquisition of such

housing, and mortgage insurance premiums payable under section

222(c) of the National Housing Act (12 U.S.C. 1715m(c));

(2) proceeds from the rental of family housing and mobile home

facilities under the control of a military department,

reimbursements from the occupants of such facilities for services

rendered (including utility costs), funds obtained from

individuals as a result of losses, damages, or destruction to

such facilities caused by the abuse or negligence of such

individuals, and reimbursements from other Government agencies

for expenditures from the account; and

(3) proceeds of the handling and the disposal of family housing

of a military department (including related land and

improvements), whether carried out by a military department or

any other Federal agency, but less those expenses payable

pursuant to section 572(a) of title 40.

(c) Amounts in the account shall remain available until spent.

(d) The Secretary concerned may make obligations against the

account, in such amounts as may be specified from time to time in

appropriation Acts, for the purpose of defraying, in the manner and

to the extent authorized by law, the costs referred to in

subsection (b).

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 162;

amended Pub. L. 107-217, Sec. 3(b)(19), Aug. 21, 2002, 116 Stat.

1297.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(3). Pub. L. 107-217 substituted ''section

572(a) of title 40'' for ''section 204(b) of the Federal Property

and Administrative Services Act of 1949 (40 U.S.C. 485(b))''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2832 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2832. Homeowners assistance program

-STATUTE-

The Secretary of Defense may exercise the authority provided in

section 1013 of the Demonstration Cities and Metropolitan

Development Act of 1966 (42 U.S.C. 3374).

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 163;

amended Pub. L. 101-189, div. B, title XXVIII, Sec. 2831(a), Nov.

29, 1989, 103 Stat. 1660; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(26), Feb. 10, 1996, 110 Stat. 506; Pub. L. 107-107, div.

A, title X, Sec. 1048(e)(11), Dec. 28, 2001, 115 Stat. 1228.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107 struck out ''(a)'' before ''The Secretary

of Defense'' and struck out subsec. (b) which read as follows:

''(b)(1) Subject to paragraph (2) and notwithstanding subsection

(i) of section 1013 of the Act referred to in subsection (a) -

''(A) the Secretary of Defense may transfer not more than

$31,000,000 from the Department of Defense Base Closure Account,

established by section 207 of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100-526; 102 Stat. 2627), to the fund established pursuant to

subsection (d) of such section 1013 for use as part of such fund;

and

''(B) any funds so transferred shall be available for

obligation and expenditure for the same purposes that funds

appropriated to such fund are available, except that such funds

may not be obligated after September 30, 1991.

''(2) Amounts may be transferred under paragraph (1) only after

the date on which the appropriate committees of Congress receive

from the Secretary written notice of, and justification for, the

transfer.''

1996 - Subsec. (b)(2). Pub. L. 104-106 substituted ''appropriate

committees of Congress'' for ''Committees on Armed Services and the

Committees on Appropriations of the Senate and of the House of

Representatives''.

1989 - Pub. L. 101-189 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1989 AMENDMENT

Section 2831(b) of Pub. L. 101-189 provided that: ''The

amendments made by subsection (a) (amending this section) shall

apply only to funds appropriated or transferred to, or otherwise

deposited in, the Department of Defense Base Closure Account for,

or during, fiscal years beginning after September 30, 1989.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2822 of this title.

-CITE-

10 USC Sec. 2833 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2833. Family housing support

-STATUTE-

Amounts authorized by law for support of military family housing

include amounts for -

(1) operating expenses;

(2) leasing expenses;

(3) maintenance of real property expenses;

(4) payments of principal and interest on mortgage debts

incurred; and

(5) payments of mortgage insurance premiums authorized under

section 222 of the National Housing Act (12 U.S.C. 1715m).

-SOURCE-

(Added Pub. L. 99-167, title VIII, Sec. 804(b)(1), Dec. 3, 1985, 99

Stat. 987.)

-CITE-

10 USC Sec. 2834 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2834. Participation in Department of State housing pools

-STATUTE-

(a) The Secretary concerned may enter into an agreement with the

Secretary of State under which the Secretary of State agrees to

provide housing and related services for personnel under the

jurisdiction of the Secretary concerned who are assigned to duty in

a foreign country if the Secretary concerned determines -

(1) that there is a shortage of adequate housing in the area of

the foreign country in which such personnel are assigned to duty;

and

(2) that participation in the Department of State housing pool

is the most cost-effective means of providing housing for such

personnel.

The Secretary concerned shall reimburse the Secretary of State, as

provided in the agreement, for housing and related services

furnished personnel under the jurisdiction of the Secretary

concerned.

(b) The maximum lease amounts specified in section 2828(e)(1) of

this title for the rental of family housing in foreign countries

shall not apply to housing made available to the Department of

Defense under this section. To the extent that the lease amount

for units of housing made available under this subsection exceeds

such maximum lease amounts, such units shall not be counted in

applying the limitation contained in such section on the number of

units of family housing for which the Secretary concerned may waive

such maximum lease amounts.

-SOURCE-

(Added Pub. L. 99-167, title VIII, Sec. 808(a), Dec. 3, 1985, 99

Stat. 989; amended Pub. L. 101-510, div. A, title XIII, Sec.

1301(18), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 103-160, div. B,

title XXVIII, Sec. 2806, Nov. 30, 1993, 107 Stat. 1887.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-160 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''In

computing the number of leases for which the maximum lease amount

may be waived by the Secretary concerned under the second sentence

of section 2828(e)(1) of this title, housing made available to the

Department of Defense under this section shall be included.''

1990 - Subsecs. (b), (c). Pub. L. 101-510 redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

''Agreements entered into with the Secretary of State under this

section may not be executed until (1) the Secretary concerned

provides to the appropriate committees of Congress written

notification of the facts concerning the proposed agreement, and

(2) a period of 21 days has elapsed after the day on which the

notification is received by the committees.''

-CITE-

10 USC Sec. 2835 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2835. Long-term leasing of military family housing to be

constructed

-STATUTE-

(a) Build and Lease Authorized. - Subject to subsection (b), the

Secretary of a military department, or the Secretary of Homeland

Security with respect to the Coast Guard, may enter into a contract

for the lease of family housing units to be constructed or

rehabilitated to residential use near a military installation

within the United States under the Secretary's jurisdiction at

which there is a shortage of family housing. Housing units leased

under this section shall be assigned, without rental charge, as

family housing to members of the armed forces who are eligible for

assignment to military family housing.

(b) Submission and Authorization of Proposed Lease Contracts. -

(1) The Secretary of a military department, or the Secretary of

Homeland Security with respect to the Coast Guard, may enter into a

lease contract under subsection (a) for such military housing as is

authorized by law for the purposes of this section.

(2) The budget material submitted to Congress by the Secretary of

Defense, and the Secretary of Homeland Security with respect to the

Coast Guard, in connection with the budget submitted pursuant to

section 1105 of title 31 for each fiscal year shall include

materials that identify the military housing projects for which

lease contracts are proposed to be entered into under subsection

(a) in such fiscal year.

(c) Competitive Process. - Each contract under subsection (a)

shall be awarded through the use of publicly advertised,

competitively bid, or competitively negotiated, contracting

procedures as provided in chapter 137 of this title. In accordance

with such procedures, the Secretary of a military department, or

the Secretary of Homeland Security, as the case may be, shall

solicit bids or proposals for a contract for the lease of military

housing authorized in accordance with subsection (b)(1). Such a

contract may provide for the contractor of the housing facilities

to operate and maintain such housing facilities during the term of

the lease.

(d) Conditions on Obligation of Funds. - A lease contract entered

into for a military housing project under subsection (a) shall

include the following provisions:

(1) A statement that the obligation of the United States to

make payments under the contract in any fiscal year is subject to

appropriations being provided specifically for that fiscal year

and specifically for that project.

(2) A commitment to obligate the necessary amount for each

fiscal year covered by the contract when and to the extent that

funds are appropriated for that project for that fiscal year.

(3) A statement that such a commitment entered into under the

authority of this section does not constitute an obligation of

the United States.

(4) A requirement that housing units constructed pursuant to

the contract shall be constructed -

(A) to Department of Defense specifications, in the case of a

Department of Defense contract; and

(B) to Department of Homeland Security specifications, in the

case of a contract for the Coast Guard.

(e) Lease Term. - A contract under this section may be for any

period not in excess of 20 years (excluding the period required for

construction of the housing facilities).

(f) Right of First Refusal to Acquire. - A contract under this

section shall provide that, upon the termination of the lease

period, the United States shall have the right of first refusal to

acquire all right, title, and interest to the housing facilities

constructed and leased under the contract.

(g) Notice and Wait Requirements. - A contract may not be entered

into for the lease of housing facilities under this section until -

(1) the Secretary of Defense, or the Secretary of Homeland

Security with respect to the Coast Guard, submits to the

appropriate committees of Congress, in writing, an economic

analysis (based upon accepted life cycle costing procedures)

which demonstrates that the proposed contract is cost-effective

when compared with alternative means of furnishing the same

housing facilities; and

(2) a period of 21 calendar days has expired following the date

on which the economic analysis is received by those committees.

(h) Support Buildings. - A contract for the lease of family

housing under this section may include provision for the lease of a

child care center, civic center building, and similar type

buildings constructed for the support of family housing.

-SOURCE-

(Added Pub. L. 102-190, div. B, title XXVIII, Sec. 2806(a)(1),

Dec. 5, 1991, 105 Stat. 1539; amended Pub. L. 107-296, title XVII,

Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

subsec. (g) of section 2828 of this title, prior to repeal by Pub.

L. 102-190, Sec. 2806(b)(1).

AMENDMENTS

2002 - Subsecs. (a) to (c), (d)(4)(B), (g)(1). Pub. L. 107-296

substituted ''of Homeland Security'' for ''of Transportation''

wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Section applicable with respect to contracts entered into under

this section on or after Dec. 5, 1991, see section 2806(c) of Pub.

L. 102-190, set out as an Effective Date of 1991 Amendment note

under section 2828 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2801 of this title.

-CITE-

10 USC Sec. 2836 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2836. Military housing rental guarantee program

-STATUTE-

(a) Authority. - Subject to subsection (b), the Secretary of a

military department, or the Secretary of Homeland Security with

respect to the Coast Guard, may enter into an agreement to assure

the occupancy of rental housing to be constructed or rehabilitated

to residential use by a private developer or by a State or local

housing authority on private land, on land owned by a State or

local government, or on land owned by the United States, if the

housing is to be located on or near a new military installation or

an existing military installation that has a shortage of housing to

meet the requirements of eligible members of the armed forces (with

or without accompanying dependents). The authority provided under

this subsection shall be exercised under uniform regulations

prescribed by the Secretary of Defense.

(b) Submission and Authorization of Proposed Agreements. - (1)

The Secretary of a military department, or the Secretary of

Homeland Security with respect to the Coast Guard, may enter into

agreements pursuant to subsection (a) for such military housing

rental guaranty projects as are authorized by law.

(2) The budget material submitted to Congress by the Secretary of

Defense, and the Secretary of Homeland Security with respect to the

Coast Guard, in connection with the budget submitted pursuant to

section 1105 of title 31 for each fiscal year shall include

materials that identify the military housing rental guaranty

projects for which agreements are proposed to be entered into under

subsection (a) in that fiscal year.

(c) Content of Agreement. - An agreement under subsection (a) -

(1) may not assure the occupancy of more than 97 percent of the

units constructed under the agreement;

(2) shall establish initial rental rates that are not more than

rates for comparable rental dwelling units in the same general

market area and may include an escalation clause;

(3) may apply to existing housing;

(4) shall require that the housing units be constructed -

(A) in the case of a Department of Defense agreement, to

Department of Defense specifications or, at the discretion of

the Secretary of the military department concerned, in

compliance with the local building codes; and

(B) in the case of an agreement for the Coast Guard, to

Department of Homeland Security specifications;

(5) may not be for a term in excess of 25 years;

(6) may not be renewed unless the project is located on

government owned land, in which case the renewal period may not

exceed the original contract term;

(7) may not assure more than an amount equivalent to the

shelter rent of the housing units, determined on the basis of

amortizing initial construction costs;

(8) may only be entered into to the extent that there is a

shortage in military family housing;

(9) may only be entered into if existing military-controlled

housing at all installations in the commuting area (except for a

new installation or an installation for which there is projected

a significant increase in the number of families due to an

increase in the number of authorized personnel) has exceeded 97

percent use for a period of not less than 18 consecutive months

immediately preceding the date on which the agreement is entered

into, excluding units temporarily inactivated for major repair or

improvements;

(10) shall provide for priority of occupancy for military

families;

(11) shall include a provision authorizing the Secretary of the

military department concerned, or the Secretary of Homeland

Security with respect to the Coast Guard, to take such action as

the Secretary considers appropriate to protect the interests of

the United States, including rendering the agreement null and

void if, in the opinion of the Secretary, the owner of the

housing fails to maintain a satisfactory level of operation and

maintenance;

(12) may provide in the agreement for the rental of a child

care center, civic center building, and similar type buildings

constructed for the support of family housing;

(13) may provide that utilities, trash collection, snow

removal, and entomological services will be furnished by the

Federal Government at no cost to the occupant to the same extent

that these items are provided to occupants of housing owned by

the Federal Government; and

(14) may require that rent collection and operation and

maintenance services in connection with the housing be under the

terms of a separate agreement or be carried out by personnel of

the Federal Government.

(d) Conditions on Obligation of Funds. - An agreement entered

into for a project pursuant to subsection (a) shall include the

following provisions:

(1) A statement that the obligation of the United States to

make payments under the agreement in any fiscal year is subject

to appropriations being provided specifically for that fiscal

year and specifically for that project.

(2) A commitment to obligate the necessary amount for each

fiscal year covered by the agreement when and to the extent that

funds are appropriated for such project for such fiscal year.

(3) A statement that such a commitment entered into under the

authority of this section does not constitute an obligation of

the United States.

(e) Competitive Process. - An agreement under subsection (a)

shall be made through the use of publicly advertised, competitively

bid, or competitively negotiated, contracting procedures as

provided in chapter 137 of this title. In accordance with such

procedures, the Secretary of a military department, or the

Secretary of Homeland Security, as the case may be, shall solicit

bids or proposals for a guaranty agreement for each military

housing rental guaranty project authorized in accordance with

subsection (b).

(f) Notice and Wait Requirements. - An agreement may not be

entered into under subsection (a) until -

(1) the Secretary of Defense, or the Secretary of Homeland

Security with respect to the Coast Guard, submits to the

appropriate committees of Congress, in writing, an economic

analysis (based upon accepted life cycle costing procedures)

which demonstrates that the proposed agreement is cost effective

when compared with alternative means of furnishing the same

housing facilities; and

(2) a period of 21 calendar days has expired following the date

on which the economic analysis is received by those committees.

(g) Disputes. - The Secretary concerned may require that disputes

arising under an agreement entered into under subsection (a) be

decided in accordance with the procedures provided for by the

Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).

-SOURCE-

(Added Pub. L. 102-190, div. B, title XXVIII, Sec. 2809(a)(1),

Dec. 5, 1991, 105 Stat. 1541; amended Pub. L. 107-296, title XVII,

Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-REFTEXT-

REFERENCES IN TEXT

The Contract Disputes Act of 1978, referred to in subsec. (g), is

Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is

classified principally to chapter 9 (Sec. 601 et seq.) of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Short Title note set out under section 601 of Title 41

and Tables.

-MISC2-

PRIOR PROVISIONS

Similar provisions were contained in Pub. L. 98-115, title VIII,

Sec. 802, Oct. 11, 1983, 97 Stat. 783, as amended, which was set

out as a note under section 2821 of this title, prior to repeal by

Pub. L. 102-190, Sec. 2809(b).

AMENDMENTS

2002 - Subsecs. (a), (b), (c)(4)(B), (11), (e), (f)(1). Pub. L.

107-296 substituted ''of Homeland Security'' for ''of

Transportation'' wherever appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Section 2809(c) of Pub. L. 102-190 provided that: ''Section 2836

of title 10, United States Code, as added by subsection (a), shall

apply with respect to contracts entered into under that section on

or after the date of the enactment of this Act (Dec. 5, 1991). The

amendment made by subsection (b) (repealing provisions set out as a

note under section 2821 of this title) shall not affect the

validity of any contract entered into before that date under

section 802 of the Military Construction Authorization Act, 1984

(10 U.S.C. 2821 note), as in effect on the day before that date.''

-CITE-

10 USC Sec. 2837 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER II - MILITARY FAMILY HOUSING

-HEAD-

Sec. 2837. Limited partnerships with private developers of housing

-STATUTE-

(a) Limited Partnerships. - (1) In order to meet the housing

requirements of members of the armed forces, and the dependents of

such members, at a military installation described in paragraph

(2), the Secretary of a military department may enter into a

limited partnership with one or more private developers to

encourage the construction of housing and accessory structures

within commuting distance of the installation. The Secretary may

contribute not less than five percent, but not more than 35

percent, of the development costs under a limited partnership.

(2) Paragraph (1) applies to a military installation under the

jurisdiction of the Secretary concerned at which there is a

shortage of suitable housing to meet the requirements of members

and dependents referred to in such paragraph.

(b) Collateral Incentive Agreements. - The Secretary concerned

may also enter into collateral incentive agreements with private

developers who enter into a limited partnership under subsection

(a) to ensure that, where appropriate -

(1) a suitable preference will be afforded members of the armed

forces in the lease or purchase, as the case may be, of a

reasonable number of the housing units covered by the limited

partnership; or

(2) the rental rates or sale prices, as the case may be, for

some or all of such units will be affordable for such members.

(c) Selection of Investment Opportunities. - (1) The Secretary

concerned shall use publicly advertised, competitively bid or

competitively negotiated, contracting procedures, as provided in

chapter 137 of this title, to enter into limited partnerships under

subsection (a).

(2) When a decision is made to enter into a limited partnership

under subsection (a), the Secretary concerned shall submit a report

in writing to the appropriate committees of Congress on that

decision. Each such report shall include the justification for the

limited partnership, the terms and conditions of the limited

partnership, a description of the development costs for projects

under the limited partnership, and a description of the share of

such costs to be incurred by the Secretary concerned. The

Secretary concerned may then enter into the limited partnership

only after the end of the 21-day period beginning on the date the

report is received by such committees.

(d) Account. - (1) There is hereby established on the books of

the Treasury an account to be known as the ''Defense Housing

Investment Account''.

(2) There shall be deposited into the Account -

(A) such funds as may be authorized for and appropriated to the

Account; and

(B) any proceeds received by the Secretary concerned from the

repayment of investments or profits on investments of the

Secretary under subsection (a).

(3) From such amounts as are provided in advance in appropriation

Acts, funds in the Account shall be available to the Secretaries

concerned in amounts determined by the Secretary of Defense for

contracts, investments, and expenses necessary for the

implementation of this section.

(4) The Secretary concerned may not enter into a contract in

connection with a limited partnership under subsection (a) or a

collateral incentive agreement under subsection (b) unless a

sufficient amount of the unobligated balance of the funds in the

Account is available to the Secretary, as of the time the contract

is entered into, to satisfy the total obligations to be incurred by

the United States under the contract.

((e) Repealed. Pub. L. 104-106, div. B, title XXVIII, Sec.

2802(d)(1), Feb. 10, 1996, 110 Stat. 552.)

(f) Report. - Not later than 60 days after the end of each fiscal

year in which activities are carried out under this section, the

Secretaries concerned shall jointly transmit to Congress a report

specifying the amount and nature of the deposits into, and the

expenditures from, the Account during such fiscal year and of the

amount and nature of all other expenditures made pursuant to such

section during such fiscal year.

(g) Transfer of Lands Prohibited. - Nothing in this section shall

be construed to permit the Secretary concerned, as part of a

limited partnership entered into under this section, to transfer

the right, title, or interest of the United States in any real

property under the jurisdiction of the Secretary concerned.

(h) Expiration and Termination of Authority. - The authority of

the Secretary concerned to enter into a limited partnership under

this section shall expire on September 30, 2000.

-SOURCE-

(Added Pub. L. 103-337, div. B, title XXVIII, Sec. 2803(a), Oct.

5, 1994, 108 Stat. 3051; amended Pub. L. 104-106, div. B, title

XXVIII, Sec. 2802, Feb. 10, 1996, 110 Stat. 551; Pub. L. 106-65,

div. A, title X, Sec. 1066(a)(28), oct. 5, 1999, 113 Stat. 772.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(2). Pub. L. 106-65 inserted ''and'' at end of

subpar. (A), substituted a period for ''; and'' at end of subpar.

(B), and struck out subpar. (C) which read as follows: ''any

unobligated balances which remain in the Navy Housing Investment

Account as of the date of the enactment of the National Defense

Authorization Act for Fiscal Year 1996.''

1996 - Subsec. (a)(1). Pub. L. 104-106, Sec. 2802(b)(1),

substituted ''the Secretary of a military department'' for ''the

Secretary of the Navy''.

Pub. L. 104-106, Sec. 2802(a)(1), substituted ''of the armed

forces'' for ''of the naval service''.

Subsec. (a)(2). Pub. L. 104-106, Sec. 2802(b)(2), substituted

''Secretary concerned'' for ''Secretary''.

Subsec. (b). Pub. L. 104-106, Sec. 2802(b)(2), substituted

''Secretary concerned'' for ''Secretary''.

Subsec. (b)(1). Pub. L. 104-106, Sec. 2802(a)(2), substituted

''of the armed forces'' for ''of the naval service''.

Subsec. (c). Pub. L. 104-106, Sec. 2802(b)(2), substituted

''Secretary concerned'' for ''Secretary'' wherever appearing.

Subsec. (d). Pub. L. 104-106, Sec. 2802(c), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''(d) Account. - (1) There is hereby established on the books of

the Treasury an account to be known as the 'Navy Housing Investment

Account'.

''(2) There shall be deposited into the Account -

''(A) such funds as may be authorized for and appropriated to

the Account; and

''(B) any proceeds received by the Secretary from the repayment

of investments or profits on investments of the Secretary under

subsection (a).

''(3) In such amounts as is provided in advance in appropriation

Acts, the Account shall be available for contracts, investments,

and expenses necessary for the implementation of this section.

''(4) The Secretary may not enter into a contract in connection

with a limited partnership under subsection (a) or a collateral

incentive agreement under subsection (b) unless the Account

contains sufficient funds, as of the time the contract is entered

into, to satisfy the total obligations to be incurred by the United

States under the contract.''

Subsec. (e). Pub. L. 104-106, Sec. 2802(d)(1), struck out subsec.

(e) which related to establishment of Navy Housing Investment

Board.

Subsec. (f). Pub. L. 104-106, Sec. 2802(e), substituted

''activities are carried out'' for ''the Secretary carries out

activities'' and ''the Secretaries concerned shall jointly'' for

''the Secretary shall''.

Subsec. (g). Pub. L. 104-106, Sec. 2802(g), struck out ''Navy''

after ''Transfer of'' in heading.

Pub. L. 104-106, Sec. 2802(b)(2), substituted ''Secretary

concerned'' for ''Secretary'' in two places.

Subsec. (h). Pub. L. 104-106, Sec. 2802(f), substituted

''September 30, 2000'' for ''September 30, 1999''.

Pub. L. 104-106, Sec. 2802(d)(2), substituted ''Authority'' for

''Authorities'' in heading and struck out ''(1)'' before ''The

authority'' and par. (2) which read as follows: ''The Navy Housing

Investment Board shall terminate on November 30, 1999.''

Pub. L. 104-106, Sec. 2802(b)(2), substituted ''Secretary

concerned'' for ''Secretary'' in par. (1).

-CITE-

10 USC SUBCHAPTER III - ADMINISTRATION OF MILITARY

CONSTRUCTION AND MILITARY FAMILY HOUSING 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

.

-HEAD-

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-MISC1-

Sec.

2851. Supervision of military construction projects.

2852. Military construction projects: waiver of certain

restrictions.

2853. Authorized cost variations.

2854. Restoration or replacement of damaged or destroyed

facilities.

2854a. Conveyance of damaged or deteriorated military family

housing; use of proceeds.

2855. Law applicable to contracts for architectural and engineering

services and construction design.

2856. Limitations on barracks space by pay grade.

2857. Use of renewable forms of energy in new facilities.

2858. Limitation on the use of funds for expediting a construction

project.

2859. Transmission of annual military construction authorization

request.

2860. Availability of appropriations.

(2861. Repealed.)

2862. Turn-key selection procedures.

2863. Payment of contractor claims.

2864. Military construction contracts on Guam.

2865. Energy savings at military installations.

2866. Water conservation at military installations.

2867. Sale of electricity from alternate energy and cogeneration

production facilities.

2868. Utility services: furnishing for certain buildings.

AMENDMENTS

2001 - Pub. L. 107-107, div. B, title XXVIII, Sec. 2803(b), Dec.

28, 2001, 115 Stat. 1305, struck out item 2861 ''Annual report to

Congress''.

1997 - Pub. L. 105-85, div. A, title III, Sec. 371(c)(3), Nov.

18, 1997, 111 Stat. 1705, added items 2867 and 2868.

1996 - Pub. L. 104-106, div. B, title XXVIII, Sec. 2818(a)(2),

Feb. 10, 1996, 110 Stat. 555, added item 2854a.

1993 - Pub. L. 103-160, div. B, title XXVIII, Sec. 2803(b), Nov.

30, 1993, 107 Stat. 1885, added item 2866.

1990 - Pub. L. 101-510, div. B, title XXVIII, Sec. 2851(b), Nov.

5, 1990, 104 Stat. 1804, added item 2865.

1989 - Pub. L. 101-189, div. B, title XXVIII, Sec. 2807(b), Nov.

29, 1989, 103 Stat. 1648, added item 2864.

1987 - Pub. L. 100-180, div. B, subdiv. 3, title I, Sec.

2303(b), Dec. 4, 1987, 101 Stat. 1215, added item 2863.

1986 - Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(21)(B),

Nov. 14, 1986, 100 Stat. 3994, struck out ''for five years'' after

''Availability of appropriations'' in item 2860.

1985 - Pub. L. 99-167, title VIII, Sec. 807(b), Dec. 3, 1985, 99

Stat. 988, added item 2862.

1982 - Pub. L. 97-321, title VIII, Sec. 801(b)(3), Oct. 15, 1982,

96 Stat. 1571, substituted ''renewable forms of energy in new

facilities'' for ''solar energy systems'' in item 2857.

-CITE-

10 USC Sec. 2851 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2851. Supervision of military construction projects

-STATUTE-

(a) Each contract entered into by the United States in connection

with a military construction project or a military family housing

project shall be carried out under the direction and supervision of

the Secretary of the Army (acting through the Chief of Engineers),

the Secretary of the Navy (acting through the Commander of the

Naval Facilities Engineering Command), or such other department or

Government agency as the Secretary of Defense approves to assure

the most efficient, expeditious, and cost-effective completion of

the project.

(b) A military construction project for an activity or agency of

the Department of Defense (other than a military department)

financed from appropriations for military functions of the

Department of Defense shall be accomplished by or through a

military department designated by the Secretary of Defense.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 163.)

-MISC1-

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG IN MAINTENANCE AND

REPAIR OF DEFENSE FACILITIES

Pub. L. 106-398, Sec. 1 ((div. A), title III, Sec. 374), Oct. 30,

2000, 114 Stat. 1654, 1654A-81, provided that:

''(a) Report To Address Maintenance and Repair Backlog. - Not

later than March 15, 2001, the Secretary of Defense shall submit to

Congress a report identifying a list of requirements to reduce the

backlog in maintenance and repair needs of facilities and

infrastructure under the jurisdiction of the Department of Defense

or a military department.

''(b) Elements of Report. - At a minimum, the report shall

include or address the following:

''(1) The extent of the work necessary to repair and revitalize

facilities and infrastructure, or to demolish and replace

unusable facilities, carried as backlog by the Secretary of

Defense or the Secretary of a military department.

''(2) Measurable goals, over specified time frames, for

addressing all of the identified requirements.

''(3) Expected funding for each military department and Defense

Agency to address the identified requirements during the period

covered by the most recent future-years defense program submitted

to Congress pursuant to section 221 of title 10, United States

Code.

''(4) The cost of the current backlog in maintenance and repair

for each military department and Defense Agency, which shall be

determined using the standard costs to standard facility

categories in the Department of Defense Facilities Cost Factors

Handbook, shown both in the aggregate and individually for each

major military installation.

''(5) The total number of square feet of building space of each

military department and Defense Agency to be demolished or

proposed for demolition, shown both in the aggregate and

individually for each major military installation.

''(6) The initiatives underway to identify facility and

infrastructure requirements at military installations to

accommodate new and developing weapons systems and to prepare

installations to accommodate these systems.

''(c) Annual Updates. - The Secretary of Defense shall update the

report required under subsection (a) annually. The annual updates

shall be submitted to Congress at or about the time that the budget

is submitted to Congress for a fiscal year under section 1105(a) of

title 31, United States Code.''

-CITE-

10 USC Sec. 2852 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2852. Military construction projects: waiver of certain

restrictions

-STATUTE-

(a) The Secretary of Defense and the Secretaries of the military

departments may carry out authorized military construction projects

and authorized military family housing projects without regard to

subsections (a) and (b) of section 3324 of title 31.

(b) Authority to carry out a military construction project or a

military family housing project may be exercised on land not owned

by the United States -

(1) before title to the land on which the project is to be

carried out is approved under section 3111 of title 40; and

(2) even though the land will be held in other than a fee

simple interest in a case in which the Secretary of the military

department concerned determines that the interest to be acquired

in the land is sufficient for the purposes of the project.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 164;

amended Pub. L. 97-295, Sec. 1(35), Oct. 12, 1982, 96 Stat. 1296;

Pub. L. 97-321, title VIII, Sec. 805(a)(1), Oct. 15, 1982, 96 Stat.

1573; Pub. L. 99-145, title XIII, Sec. 1303(a)(19), Nov. 8, 1985,

99 Stat. 739; Pub. L. 107-217, Sec. 3(b)(20), Aug. 21, 2002, 116

Stat. 1297.)

-MISC1-

HISTORICAL AND REVISION NOTES

In 10:2852(a), the title 31 citation is substituted on authority

of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the

first section of which enacted title 31.

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-217 substituted ''section 3111

of title 40'' for ''section 355 of the Revised Statutes (40 U.S.C.

255)''.

1985 - Subsec. (a). Pub. L. 99-145 substituted ''subsections (a)

and (b) of section 3324'' for ''section 3324(a) and (b)''.

1982 - Subsec. (a). Pub. L. 97-295 substituted ''section 3324(a)

and (b) of title 31'' for ''section 3648 of the Revised Statutes

(31 U.S.C. 529)''.

Subsec. (b). Pub. L. 97-321 substituted ''may be exercised on

land not owned by the United States'' for ''on land not owned by

the United States may be exercised'' in introductory text,

redesignated former cl. (1) as par. (1), added par. (2), and struck

out former cl. (2) which read as follows: ''even though the land is

held temporarily''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2853 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2853. Authorized cost variations

-STATUTE-

(a) Except as provided in subsection (c) or (d), the cost

authorized for a military construction project or for the

construction, improvement, and acquisition of a military family

housing project may be increased by not more than 25 percent of the

amount appropriated for such project or 200 percent of the minor

construction project ceiling specified in section 2805(a)(1),

whichever is less, if the Secretary concerned determines that such

an increase in cost is required for the sole purpose of meeting

unusual variations in cost and that such variations in cost could

not have reasonably been anticipated at the time the project was

approved originally by Congress.

(b) Except as provided in subsection (c), the scope of work for a

military construction project or for the construction, improvement,

and acquisition of a military family housing project may be reduced

by not more than 25 percent from the amount approved for that

project, construction, improvement, or acquisition by Congress.

(c) The limitation on cost increase in subsection (a) or the

limitation on scope reduction in subsection (b) does not apply if -

(1) the increase in cost or reduction in scope is approved by

the Secretary concerned;

(2) the Secretary concerned notifies the appropriate committees

of Congress in writing of the increase or reduction and the

reasons therefor; and

(3) a period of 21 days has elapsed after the date on which the

notification is received by the committees.

(d) The limitation on cost increases in subsection (a) does not

apply to the following:

(1) The settlement of a contractor claim under a contract.

(2) The costs associated with the required remediation of an

environmental hazard in connection with a military construction

project or military family housing project, such as asbestos

removal, radon abatement, lead-based paint removal or abatement,

or any other legally required environmental hazard remediation,

if the required remediation could not have reasonably been

anticipated at the time the project was approved originally by

Congress.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 164;

amended Pub. L. 98-407, title VIII, Sec. 807, Aug. 28, 1984, 98

Stat. 1521; Pub. L. 100-26, Sec. 7(f)(2), Apr. 21, 1987, 101 Stat.

281; Pub. L. 100-180, div. B, subdiv. 3, title I, Sec. 2312, 2313,

Dec. 4, 1987, 101 Stat. 1217, 1218; Pub. L. 101-189, div. B, title

XXVIII, Sec. 2808, Nov. 29, 1989, 103 Stat. 1648; Pub. L. 104-106,

div. B, title XXVIII, Sec. 2817, Feb. 10, 1996, 110 Stat. 553;

Pub. L. 107-107, div. B, title XXVIII, Sec. 2802, Dec. 28, 2001,

115 Stat. 1305.)

-MISC1-

AMENDMENTS

2001 - Subsec. (d). Pub. L. 107-107 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

limitation on cost increases in subsection (a) does not apply to

the settlement of a contractor claim under a contract.''

1996 - Subsec. (d). Pub. L. 104-106 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

limitation on cost increases in subsection (a) does not apply to a

within-scope modification to a contract or to the settlement of a

contractor claim under a contract if the increase in cost is

approved by the Secretary concerned, and the Secretary concerned

promptly submits written notification of the facts relating to the

proposed increase in cost to the appropriate committees of

Congress.''

1989 - Pub. L. 101-189 amended section generally, substituting

subsecs. (a) to (d) for former subsecs. (a) to (f).

1987 - Subsec. (a)(1). Pub. L. 100-180, Sec. 2312, substituted

''Except as provided in paragraph (2), the total cost authorized

for military construction projects at an installation (including

each project the cost of which is included in such total authorized

cost and is less than the minor project ceiling) may be increased

by not more than 25 percent of the total amount appropriated for

such projects'' for ''Except as provided in paragraph (2), the cost

authorized for a military construction project (other than a

project for which the approved amount is less than the minor

project ceiling (as defined in subsection (f))) may be increased by

not more than 25 percent of the amount appropriated for the

project''.

Pub. L. 100-26, Sec. 7(f)(2)(A), substituted ''the minor project

ceiling (as defined in subsection (f))'' for ''the amount specified

by law as the maximum amount for a minor military construction

project''.

Pub. L. 100-26, Sec. 7(f)(2)(B), substituted ''the minor project

ceiling'' for ''the amount specified by law as the maximum amount

for a minor military construction project''.

Subsec. (a)(2). Pub. L. 100-26, Sec. 7(f)(2)(B), substituted

''the minor project ceiling'' for ''the amount specified by law as

the maximum amount for a minor military construction project'' in

two places.

Subsec. (b). Pub. L. 100-26, Sec. 7(f)(2)(B), (C), substituted

''the minor project ceiling'' for ''the amount specified by law as

the maximum amount for a minor military construction project'' and

''the amount of such ceiling'' for ''such maximum amount'' in two

places.

Subsec. (c). Pub. L. 100-180, Sec. 2313, substituted

''construction, improvement,'' for ''construction''.

Subsec. (e). Pub. L. 100-26, Sec. 7(f)(2)(B), substituted ''the

minor project ceiling'' for ''the amount specified by law as the

maximum amount for a minor military construction project''.

Subsec. (f). Pub. L. 100-26, Sec. 7(f)(2)(D), added subsec. (f).

1984 - Subsec. (e). Pub. L. 98-407 inserted ''is more than the

amount specified by law as the maximum amount for a minor military

construction project and''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2854 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2854. Restoration or replacement of damaged or destroyed

facilities

-STATUTE-

(a) Subject to subsection (b), the Secretary concerned may

repair, restore, or replace a facility under his jurisdiction,

including a family housing facility, that has been damaged or

destroyed.

(b) When a decision is made to carry out construction under this

section and the cost of the repair, restoration, or replacement is

greater than the maximum amount for a minor construction project,

the Secretary concerned shall notify in writing the appropriate

committees of Congress of that decision, of the justification for

the project, of the current estimate of the cost of the project, of

the source of funds for the project, and of the justification for

carrying out the project under this section. The project may then

be carried out only after the end of the 21-day period beginning on

the date the notification is received by such committees.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 165;

amended Pub. L. 102-190, div. B, title XXVIII, Sec. 2870(7), Dec.

5, 1991, 105 Stat. 1563.)

-MISC1-

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-190 struck out ''(1)'' after

''carried out only'' and '', or (2) after each such committee has

approved the project, if the committees approve the project before

the end of that period'' before period at end.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 114, 2807 of this title.

-CITE-

10 USC Sec. 2854a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2854a. Conveyance of damaged or deteriorated military family

housing; use of proceeds

-STATUTE-

(a) Authority To Convey. - (1) The Secretary concerned may convey

any family housing facility that, due to damage or deterioration,

is in a condition that is uneconomical to repair. Any conveyance

of a family housing facility under this section may include a

conveyance of the real property associated with the facility

conveyed.

(2) The authority of this section does not apply to family

housing facilities located at military installations approved for

closure under a base closure law or family housing facilities

located at an installation outside the United States at which the

Secretary of Defense terminates operations.

(3) The aggregate total value of the family housing facilities

conveyed by the Department of Defense under the authority in this

subsection in any fiscal year may not exceed $5,000,000.

(4) For purposes of this subsection, a family housing facility is

in a condition that is uneconomical to repair if the cost of the

necessary repairs for the facility would exceed the amount equal to

70 percent of the cost of constructing a family housing facility to

replace such facility.

(b) Consideration. - (1) As consideration for the conveyance of a

family housing facility under subsection (a), the person to whom

the facility is conveyed shall pay the United States an amount

equal to the fair market value of the facility conveyed, including

any real property conveyed along with the facility.

(2) The Secretary concerned shall determine the fair market value

of any family housing facility and associated real property that is

conveyed under subsection (a). Such determination shall be final.

(c) Notice and Wait Requirements. - The Secretary concerned may

not enter into an agreement to convey a family housing facility

under this section until -

(1) the Secretary submits to the appropriate committees of

Congress, in writing, a justification for the conveyance under

the agreement, including -

(A) an estimate of the consideration to be provided the

United States under the agreement;

(B) an estimate of the cost of repairing the family housing

facility to be conveyed; and

(C) an estimate of the cost of replacing the family housing

facility to be conveyed; and

(2) a period of 21 calendar days has elapsed after the date on

which the justification is received by the committees.

(d) Inapplicability of Certain Property Disposal Laws. - The

following provisions of law do not apply to the conveyance of a

family housing facility under this section:

(1) Subtitle I of title 40 and title III of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C. 251

et seq.).

(2) Title V of the McKinney-Vento Homeless Assistance Act (42

U.S.C. 11411 et seq.).

(e) Use of Proceeds. - (1) The proceeds of any conveyance of a

family housing facility under this section shall be credited to the

appropriate fund established under section 2883 of this title and

shall be available -

(A) to construct family housing units to replace the family

housing facility conveyed under this section, but only to the

extent that the number of units constructed with such proceeds

does not exceed the number of units of military family housing of

the facility conveyed;

(B) to repair or restore existing military family housing; and

(C) to reimburse the Secretary concerned for the costs incurred

by the Secretary in conveying the family housing facility.

(2) Notwithstanding section 2883(d) of this title, proceeds

derived from a conveyance of a family housing facility under this

section shall be available under paragraph (1) without any further

appropriation.

(f) Description of Property. - The exact acreage and legal

description of any family housing facility conveyed under this

section, including any real property associated with such facility,

shall be determined by such means as the Secretary concerned

considers satisfactory, including by survey in the case of real

property.

(g) Additional Terms and Conditions. - The Secretary concerned

may require such additional terms and conditions in connection with

the conveyance of family housing facilities under this section as

the Secretary considers appropriate to protect the interests of the

United States.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2818(a)(1),

Feb. 10, 1996, 110 Stat. 553; amended Pub. L. 107-107, div. A,

title X, Sec. 1048(d)(1), Dec. 28, 2001, 115 Stat. 1227; Pub. L.

107-217, Sec. 3(b)(21), Aug. 21, 2002, 116 Stat. 1297.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (d)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts. For complete classification of this Act to

the Code, see Tables.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (d)(2), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended. Title V of the Act is classified generally to subchapter

V (Sec. 11411 et seq.) of chapter 119 of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 11301 of Title 42

and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-217 substituted ''Subtitle I

of title 40 and title III of the'' for ''The'' and ''(41 U.S.C. 251

et seq.)'' for ''(40 U.S.C. 471 et seq.)''.

2001 - Subsec. (d)(2). Pub. L. 107-107 substituted

''McKinney-Vento Homeless Assistance Act'' for ''Stewart B.

McKinney Homeless Assistance Act''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 40 section 572.

-CITE-

10 USC Sec. 2855 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2855. Law applicable to contracts for architectural and

engineering services and construction design

-STATUTE-

(a) Contracts for architectural and engineering services and

construction design in connection with a military construction

project or a military family housing project shall be awarded in

accordance with chapter 11 of title 40.

(b)(1) In the case of a contract referred to in subsection (a) -

(A) if the Secretary concerned estimates that the initial award

of the contract will be in an amount greater than or equal to the

threshold amount determined under paragraph (2), the contract may

not be set aside exclusively for award to small business

concerns; and

(B) if the Secretary concerned estimates that the initial award

of the contract will be in an amount less than the threshold

amount determined under paragraph (2), the contract shall be

awarded in accordance with the set aside provisions of the Small

Business Act (15 U.S.C. 631 et seq.).

(2) The initial threshold amount under paragraph (1) is $85,000.

The Secretary of Defense may revise that amount in order to ensure

that small business concerns receive a reasonable share of

contracts referred to in subsection (a).

(3) This subsection does not restrict the award of contracts to

small business concerns under section 8(a) of the Small Business

Act (15 U.S.C. 637(a)).

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 166;

amended Pub. L. 98-407, title VIII, Sec. 808(a), Aug. 28, 1984, 98

Stat. 1521; Pub. L. 107-217, Sec. 3(b)(22), Aug. 21, 2002, 116

Stat. 1297.)

-REFTEXT-

REFERENCES IN TEXT

The Small Business Act, referred to in subsec. (b)(1)(B), is Pub.

L. 85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-217 substituted ''chapter 11 of

title 40'' for ''title IX of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)''.

1984 - Pub. L. 98-407 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 808(b) of Pub. L. 98-407 provided that: ''Subsection (b)

of section 2855 of title 10, United States Code, as added by

subsection (a), shall apply with respect to contracts awarded after

September 30, 1984, except that the authority of the Secretary of

Defense under paragraph (2) of that subsection shall apply only

with respect to contracts awarded after September 30, 1985.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2856 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2856. Limitations on barracks space by pay grade

-STATUTE-

The Secretary of Defense shall prescribe regulations establishing

the maximum allowable net square feet per occupant for new

permanent barracks construction. Such regulations shall be uniform

for the armed forces under the jurisdiction of the Secretary of a

military department.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 166;

amended Pub. L. 101-510, div. A, title XIII, Sec. 1301(19), Nov.

5, 1990, 104 Stat. 1668.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-510 struck out ''(a)'' before ''The Secretary

of Defense'' and struck out subsec. (b) which read as follows:

''Before taking effect, any regulations under this section, and any

modifications to such regulations, shall be submitted to the

appropriate committees of Congress. Such regulations (including any

modifications to such regulations) may not then take effect until

21 days after being received by such committees.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2880 of this title.

-CITE-

10 USC Sec. 2857 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2857. Use of renewable forms of energy in new facilities

-STATUTE-

(a) The Secretary of Defense shall encourage the use of energy

systems using solar energy or other renewable forms of energy as a

source of energy for military construction projects (including

military family housing projects) where use of such form of energy

would be practical and economically feasible.

(b)(1) The Secretary concerned shall require that the design of

all new facilities (including family housing) shall include

consideration of energy systems using solar energy or other

renewable forms of energy in those cases in which use of such forms

of energy has the potential for reduced energy costs.

(2) The Secretary concerned shall require that contracts for

construction resulting from such design include a requirement that

energy systems using solar energy or other renewable forms of

energy be installed if such systems can be shown to be cost

effective.

(c)(1) For the purposes of this section, an energy system using

solar energy or other renewable forms of energy for a facility

shall be considered to be cost effective if the difference between

(A) the original investment cost of the energy system for the

facility with such a system, and (B) the original investment cost

of the energy system for the facility without such a system can be

recovered over the expected life of the facility.

(2) A determination under paragraph (1) concerning whether a

cost-differential can be recovered over the expected life of a

facility shall be made using the life-cycle cost methods and

procedures established pursuant to section 544(a) of the National

Energy Conservation Policy Act (42 U.S.C. 8254(a)).

(d) In order to equip a military construction project (including

a military family housing project) with heating equipment, cooling

equipment, or both heating and cooling equipment using solar energy

or other renewable forms of energy or with a passive energy system

using solar energy or other renewable forms of energy, the

Secretary concerned may authorize an increase in any otherwise

applicable limitation with respect to the number of square feet or

the cost per square foot of the project by such amount as may be

necessary for such purpose. Any such increase under this

subsection shall be in addition to any other administrative

increase in cost per square foot or variation in floor area

authorized by law.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 166;

amended Pub. L. 97-321, title VIII, Sec. 801(b)(1), (2), Oct. 15,

1982, 96 Stat. 1571; Pub. L. 98-525, title XIV, Sec. 1405(45)(A),

Oct. 19, 1984, 98 Stat. 2625; Pub. L. 101-218, Sec. 8(b), Dec. 11,

1989, 103 Stat. 1868; Pub. L. 101-510, div. B, title XXVIII, Sec.

2852(b), Nov. 5, 1990, 104 Stat. 1804; Pub. L. 102-25, title VII,

Sec. 701(g)(2), Apr. 6, 1991, 105 Stat. 115.)

-MISC1-

AMENDMENTS

1991 - Subsec. (c)(2). Pub. L. 102-25 inserted ''(42 U.S.C.

8254(a))'' after ''Policy Act''.

1990 - Subsec. (c)(2), (3). Pub. L. 101-510 added par. (2) and

struck out former pars. (2) and (3) which read as follows:

''(2) A determination under paragraph (1) of whether a

cost-differential can be recovered over the expected life of a

facility shall be made using accepted life-cycle costing procedures

and shall include -

''(A) the use of all capital expenses and all operating and

maintenance expenses associated with the energy system with and

without an energy system using solar energy or other renewable

forms of energy over the expected life of the facility or during

a period of 25 years, whichever is shorter;

''(B) the use of fossil fuel costs (and a rate of cost growth

for fossil fuel costs) as determined by the Secretary of Defense;

and

''(C) the use of a discount rate of 7 percent per year for all

expenses of the energy system.

''(3) For the purpose of any life-cycle cost analysis under this

subsection, the original investment cost of the energy system using

solar energy or other renewable forms of energy shall be reduced by

10 percent to reflect an allowance for an investment cost credit.''

1989 - Subsec. (b)(1). Pub. L. 101-218 substituted ''reduced

energy costs'' for ''significant savings of fossil-fuel-derived

energy''.

1984 - Subsec. (b)(1). Pub. L. 98-525 substituted ''use of such

forms of energy has the potential for'' for ''use of solar energy

has the potential for''.

1982 - Pub. L. 97-321, Sec. 801(b)(2), substituted ''renewable

forms of energy in new facilities'' for ''solar energy systems'' in

section catchline.

Subsec. (a). Pub. L. 97-321, Sec. 801(b)(1)(A), substituted

''energy systems using solar energy or other renewable forms of

energy'' and ''such form of energy would'' for ''solar energy

systems'' and ''solar energy would'', respectively.

Subsec. (b)(1). Pub. L. 97-321, Sec. 801(b)(1)(B), substituted

''energy systems using solar energy or other renewable forms of

energy'' for ''solar energy systems'' and directed that ''such form

of energy has'' be substituted for ''a solar energy has'', but ''a

solar energy has'' did not appear in par. (1). See 1984 Amendment

note above.

Subsec. (b)(2). Pub. L. 97-321, Sec. 801(b)(1)(B)(i), substituted

''energy systems using solar energy or other renewable forms of

energy'' for ''solar energy systems''.

Subsec. (c). Pub. L. 97-321, Sec. 801(b)(1)(C)-(E), substituted:

in par. (1) ''an energy system using solar energy or other

renewable forms of energy'' for ''a solar energy system'' before

''for a facility'' and in items (A) and (B) ''such a system'' for

''a solar energy system''; in par. (2)(A) ''an energy system using

solar energy or other renewable forms of energy'' for ''a solar

energy system''; and in par. (3) ''energy system using solar energy

or other renewable forms of energy'' for ''solar energy system'',

respectively.

Subsec. (d). Pub. L. 97-321, Sec. 801(b)(1)(F), substituted

''heating equipment, cooling equipment, or both heating and cooling

equipment using solar energy or other renewable forms of energy or

with a passive energy energy system using solar energy or other

renewable forms of energy'' for ''solar heating equipment, solar

cooling equipment, or both solar heating and solar cooling

equipment, or with a passive solar energy system''.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1405(45)(B) of Pub. L. 98-525 provided that: ''The

amendment made by subparagraph (A) (amending this section) shall

take effect as if it had been included in the amendments made by

section 801 of Public Law 97-321.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2394a of this title.

-CITE-

10 USC Sec. 2858 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2858. Limitation on the use of funds for expediting a

construction project

-STATUTE-

Funds appropriated for military construction (including military

family housing) may not be expended for additional costs involved

in expediting a construction project unless the Secretary concerned

(1) certifies that expenditures for such costs are necessary to

protect the national interest, and (2) establishes a reasonable

completion date for the project. In establishing such a completion

date, the Secretary shall take into consideration the urgency of

the requirement for completion of the project, the type and

location of the project, the climatic and seasonal conditions

affecting the construction involved, and the application of

economical construction practices.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 167.)

-MISC1-

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2859 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2859. Transmission of annual military construction

authorization request

-STATUTE-

The Secretary of Defense shall transmit to Congress the annual

request for military construction authorization for a fiscal year

during the first 10 days after the President transmits to Congress

the Budget for that fiscal year pursuant to section 1105 of title

31.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 167;

amended Pub. L. 97-295, Sec. 1(36), Oct. 12, 1982, 96 Stat. 1296.)

-MISC1-

HISTORICAL AND REVISION NOTES

In 10:2859, the title 31 citation is substituted on authority of

Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first

section of which enacted title 31.

AMENDMENTS

1982 - Pub. L. 97-295 substituted ''section 1105 of title 31''

for ''section 201 of the Budget and Accounting Act, 1921 (31 U.S.C.

11)''.

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

-CITE-

10 USC Sec. 2860 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2860. Availability of appropriations

-STATUTE-

Funds appropriated to a military department or to the Secretary

of Defense for a fiscal year for military construction or military

family housing purposes may remain available for obligation beyond

such fiscal year to the extent provided in appropriation Acts.

-SOURCE-

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 167;

amended Pub. L. 99-167, title VIII, Sec. 812(a), Dec. 3, 1985, 99

Stat. 991; Pub. L. 99-173, Sec. 121(b), Dec. 10, 1985, 99 Stat.

1029; Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(21)(A),

Nov. 14, 1986, 100 Stat. 3994.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-661 substituted ''to the Secretary of Defense''

for ''defense agency'', inserted ''for obligation'' after ''remains

available'', and struck out ''the'' before ''appropriation Acts''.

1985 - Pub. L. 99-173 substituted ''Availability of

appropriations'' for ''Availability of appropriations for five

years'' as section catchline, and amended text generally. Prior to

amendment, text read as follows: ''Subject to the provisions of

appropriation Acts, any funds appropriated to a military department

or defense agency for the construction of military projects may be

obligated for a military construction project or contract, or for

any portion of such a project or contract, at any time before the

end of the fourth fiscal year after the fiscal year for which funds

for such project were appropriated if the funds obligated for such

project (1) are obligated from funds available for military

construction projects, and (2) do not exceed the amount

appropriated for such project, plus any amount by which the cost of

such project is increased pursuant to law.''

Pub. L. 99-167 struck out subsection designation ''(a)'' and

''and except as otherwise provided under subsection (b)'' after

''provisions of appropriation Acts'', and struck out subsec. (b)

which provided: ''Should a requirement develop to obligate funds

for a military construction project after the end of the fourth

fiscal year after the fiscal year for which such funds were

appropriated, such obligation may be made after the end of the

21-day period beginning on the date on which the appropriate

committees of Congress receive notification of the need for such

obligation and the reasons therefor.''

EFFECTIVE DATE OF 1985 AMENDMENTS

Section 121(c) of Pub. L. 99-173 provided that: ''The amendment

made by subsection (b) (amending this section) shall apply to funds

appropriated after the date of the enactment of Public Law 99-103

(Sept. 30, 1985).''

Section 812(b) of Pub. L. 99-167 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply to funds

appropriated after September 30, 1985.''

EFFECTIVE DATE

For effective date and applicability of section, see section

12(a) of Pub. L. 97-214, set out as a note under section 2801 of

this title.

AVAILABILITY OF APPROPRIATIONS FOR FIVE YEARS

Pub. L. 107-249, Sec. 117, Oct. 23, 2002, 116 Stat. 1583,

provided that: ''Notwithstanding any other provision of law, any

funds appropriated to a military department or defense agency for

the construction of military projects may be obligated for a

military construction project or contract, or for any portion of

such a project or contract, at any time before the end of the

fourth fiscal year after the fiscal year for which funds for such

project were appropriated if the funds obligated for such project:

(1) are obligated from funds available for military construction

projects; and (2) do not exceed the amount appropriated for such

project, plus any amount by which the cost of such project is

increased pursuant to law.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-64, Sec. 117, Nov. 5, 2001, 115 Stat. 479.

Pub. L. 106-246, div. A, Sec. 117, July 13, 2000, 114 Stat. 516.

Pub. L. 106-52, Sec. 117, Aug. 17, 1999, 113 Stat. 264.

Pub. L. 105-237, Sec. 117, Sept. 20, 1998, 112 Stat. 1558.

Pub. L. 105-45, Sec. 117, Sept. 30, 1997, 111 Stat. 1147.

Pub. L. 104-196, Sec. 117, Sept. 16, 1996, 110 Stat. 2391.

Pub. L. 104-32, Sec. 117, Oct. 3, 1995, 109 Stat. 289.

Pub. L. 103-307, Sec. 118, Aug. 23, 1994, 108 Stat. 1664.

Pub. L. 103-110, Sec. 118, Oct. 21, 1993, 107 Stat. 1043.

Pub. L. 102-380, Sec. 119, Oct. 5, 1992, 106 Stat. 1371.

Pub. L. 102-136, Sec. 119, Oct. 25, 1991, 105 Stat. 643.

Pub. L. 101-519, Sec. 119, Nov. 5, 1990, 104 Stat. 2246.

Pub. L. 101-148, Sec. 121, Nov. 10, 1989, 103 Stat. 925.

Pub. L. 100-447, Sec. 124, Sept. 27, 1988, 102 Stat. 1835.

TRANSFER OF FUNDS FOR FOREIGN CURRENCY FLUCTUATIONS

Pub. L. 107-249, Sec. 118, Oct. 23, 2002, 116 Stat. 1584,

provided that: ''During the 5-year period after appropriations

available to the Department of Defense for military construction

and family housing operation and maintenance and construction have

expired for obligation, upon a determination that such

appropriations will not be necessary for the liquidation of

obligations or for making authorized adjustments to such

appropriations for obligations incurred during the period of

availability of such appropriations, unobligated balances of such

appropriations may be transferred into the appropriation 'Foreign

Currency Fluctuations, Construction, Defense' to be merged with and

to be available for the same time period and for the same purposes

as the appropriation to which transferred.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 107-64, Sec. 118, Nov. 5, 2001, 115 Stat. 480.

Pub. L. 106-246, div. A, Sec. 118, July 13, 2000, 114 Stat. 516.

Pub. L. 106-52, Sec. 118, Aug. 17, 1999, 113 Stat. 264.

Pub. L. 105-237, Sec. 118, Sept. 20, 1998, 112 Stat. 1559.

Pub. L. 105-45, Sec. 118, Sept. 30, 1997, 111 Stat. 1147.

Pub. L. 104-196, Sec. 118, Sept. 16, 1996, 110 Stat. 2392.

Pub. L. 104-32, Sec. 118, Oct. 3, 1995, 109 Stat. 289.

Pub. L. 103-307, Sec. 119, Aug. 23, 1994, 108 Stat. 1665.

Pub. L. 103-110, Sec. 120, Oct. 21, 1993, 107 Stat. 1043.

Pub. L. 102-380, Sec. 121, Oct. 5, 1992, 106 Stat. 1372.

Pub. L. 102-136, Sec. 122, Oct. 25, 1991, 105 Stat. 643.

Pub. L. 99-500, Sec. 101(k) (title I, Sec. 121), Oct. 18, 1986,

100 Stat. 1783-287, 1783-293, and Pub. L. 99-591, Sec. 101(k)

(title I, Sec. 121), Oct. 30, 1986, 100 Stat. 3341-287, 3341-293,

as amended by Pub. L. 102-136, Sec. 122, Oct. 25, 1991, 105 Stat.

643, provided that: ''For Transfer by the Secretary of Defense to

and from appropriations and funds not merged pursuant to subsection

1552(a)(1) of title 31 of the United States Code and available for

obligation or expenditure during fiscal year 1987 or thereafter,

for military construction or expenses of family housing for the

military departments and Defense agencies, in order to maintain the

budgeted level of operations for such appropriations and thereby

eliminate substantial gains and losses to such appropriations

caused by fluctuations in foreign currency exchange rates that vary

substantially from those used in preparing budget submissions, an

appropriation, to remain available until expended: Provided, That

funds transferred from this appropriation shall be merged with and

be available for the same purpose, and for the same time period, as

the appropriation or fund to which transferred, and funds

transferred to this appropriation shall be merged with, and

available for the purpose of this appropriation until expended:

Provided further, That transfers may be made from time to time from

this appropriation to the extent the Secretary of Defense

determines it may be necessary to do so to reflect downward

fluctuations in the currency exchange rates from those used in

preparing the budget submissions for such appropriations, but

transfers shall be made from such appropriations to this

appropriation to reflect upward fluctuations in currency exchange

rates to prevent substantial net gains in such appropriations:

Provided further, That authorizations or limitations now or

hereafter contained within appropriations or other provisions of

law limiting the amounts that may be obligated or expended for

military construction and family housing expenses are hereby

increased to the extent necessary to reflect downward fluctuations

in foreign currency exchange rates from those used in preparing the

applicable budget submission: Provided further, That for the

purposes of the appropriation 'Foreign Currency Fluctuations,

Construction, Defense' the foreign currency rates used in preparing

budget submissions shall be the foreign currency exchange rates as

adjusted or modified, as reflected in applicable Committee reports

on the Acts making appropriations for military construction for the

Department of Defense: Provided further, That the Secretary of

Defense shall provide an annual report to the Congress on all

transfers made to or made from this appropriation: Provided

further, That contracts or other obligations entered into payable

in foreign currencies may be recorded as obligations based on the

currency exchange rates used in preparing budget submissions and

adjustments to reflect fluctuations in such rates may be recorded

as disbursements are made: Provided further, That, at the

discretion of the Secretary of Defense, any savings generated in

the military construction and family housing programs may be

transferred to this appropriation.''

-CITE-

10 USC Sec. 2861 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

(Sec. 2861. Repealed. Pub. L. 107-107, div. B, title XXVIII, Sec.

2803(a), Dec. 28, 2001, 115 Stat. 1305)

-MISC1-

Section, added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat.

167; amended Pub. L. 100-26, Sec. 7(f)(1), (j)(9), Apr. 21, 1987,

101 Stat. 281, 283; Pub. L. 104-106, div. B, title XXVIII, Sec.

2811(b), Feb. 10, 1996, 110 Stat. 552; Pub. L. 104-201, div. B,

title XXVIII, Sec. 2802(d)(1), Sept. 23, 1996, 110 Stat. 2787,

required the Secretary of Defense to submit an annual report to the

appropriate committees of Congress with respect to military

construction activities and military family housing activities.

-CITE-

10 USC Sec. 2862 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2862. Turn-key selection procedures

-STATUTE-

(a) Authority to Use. - The Secretary concerned may use one-step

turn-key selection procedures for the purpose of entering into

contracts for the construction of authorized military construction

projects.

(b) Definition. - In this section, the term ''one-step turn-key

selection procedures'' means procedures used for the selection of a

contractor on the basis of price and other evaluation criteria to

perform, in accordance with the provisions of a firm fixed-price

contract, both the design and construction of a facility using

performance specifications supplied by the Secretary concerned.

-SOURCE-

(Added Pub. L. 99-167, title VIII, Sec. 807(a), Dec. 3, 1985, 99

Stat. 988; amended Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101

Stat. 284; Pub. L. 100-180, div. B, subdiv. 3, title I, Sec. 2301,

Dec. 4, 1987, 101 Stat. 1214; Pub. L. 101-189, div. B, title

XXVIII, Sec. 2806, Nov. 29, 1989, 103 Stat. 1647; Pub. L. 102-190,

div. B, title XXVIII, Sec. 2802, Dec. 5, 1991, 105 Stat. 1537.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-190 redesignated par. (1) of subsec. (a) as

entire subsec. (a) and inserted heading, redesignated par. (2) of

subsec. (a) as (b), inserted heading, and struck out former

subsecs. (b) and (c) which read as follows:

''(b) The Secretary of Defense, with respect to any Defense

Agency, or the Secretary of a military department may not, during

any fiscal year, enter into more than three contracts for military

construction projects using procedures authorized by this section.

''(c) The authority under this section shall expire on October 1,

1991.''

1989 - Subsec. (a)(1). Pub. L. 101-189, Sec. 2806(1), struck out

at end ''Such procedures may be used by the Secretary of a military

department only with the approval of the Secretary of Defense.''

Subsec. (c). Pub. L. 101-189, Sec. 2806(2), substituted ''1991''

for ''1990''.

1987 - Subsec. (a)(1). Pub. L. 100-180, Sec. 2301(1), substituted

''The Secretary concerned'' for ''The Secretaries of the military

departments, with the approval of the Secretary of Defense,'' and

inserted provision at end that such procedures may be used by the

Secretary of a military department only with the approval of the

Secretary of Defense.

Subsec. (a)(2). Pub. L. 100-26 inserted ''the term'' after ''In

this section,''.

Subsec. (b). Pub. L. 100-180, Sec. 2301(2), inserted ''Secretary

of Defense, with respect to any Defense Agency, or the'' after

''The''.

EFFECTIVE DATE

Section 807(c) of Pub. L. 99-167 provided that: ''The amendments

made by this section (enacting this section) shall take effect on

October 1, 1986.''

-CITE-

10 USC Sec. 2863 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2863. Payment of contractor claims

-STATUTE-

Notwithstanding any other provision of law, the Secretary

concerned may pay meritorious contractor claims that arise under

military construction contracts or family housing contracts. The

Secretary of Defense, with respect to a Defense Agency, or the

Secretary of a military department may use for such purpose any

unobligated funds appropriated to such department and available for

military construction or family housing construction, as the case

may be.

-SOURCE-

(Added Pub. L. 100-180, div. B, subdiv. 3, title I, Sec. 2303(a),

Dec. 4, 1987, 101 Stat. 1215.)

-CITE-

10 USC Sec. 2864 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2864. Military construction contracts on Guam

-STATUTE-

(a) In General. - Except as provided in subsection (b), funds

appropriated for military construction may not be obligated or

expended with respect to any contract for a military construction

project on Guam if any work is carried out on such project by any

person who is a nonimmigrant alien described in section

101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(H)(ii)).

(b) Exception. - In any case in which there is no acceptable bid

made in response to a solicitation for bids on a contract for a

military construction project on Guam and the Secretary concerned

makes a determination that the prohibition contained in subsection

(a) is a significant deterrent to obtaining bids on such contract,

the Secretary concerned may make another solicitation for bids on

such contract and the prohibition contained in subsection (a) shall

not apply to such contract.

-SOURCE-

(Added Pub. L. 101-189, div. B, title XXVIII, Sec. 2807(a), Nov.

29, 1989, 103 Stat. 1648; amended Pub. L. 104-106, div. A, title

X, Sec. 1062(g), Feb. 10, 1996, 110 Stat. 444.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-106 struck out ''after the 21-day

period beginning on the date on which the Secretary concerned

transmits to the Committees on Armed Services of the Senate and the

House of Representatives a written notification of that

determination'' before period at end.

EFFECTIVE DATE

Section 2807(c) of Pub. L. 101-189 provided that: ''The

amendments made by this section (enacting this section) shall apply

to contracts entered into, modified, or extended on or after the

date of the enactment of this Act (Nov. 29, 1989).''

-CITE-

10 USC Sec. 2865 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2865. Energy savings at military installations

-STATUTE-

(a) Energy Performance Goal and Plan. - (1) The Secretary of

Defense shall designate an energy performance goal for the

Department of Defense for the years 1991 through 2000.

(2) To achieve the goal designated under paragraph (1), the

Secretary shall develop a comprehensive plan to identify and

accomplish energy conservation measures to achieve maximum

cost-effective energy savings.

(3) For the purpose of implementing any energy performance plan,

the Secretary shall provide that the selection of energy

conservation measures, including energy efficient maintenance or

water efficient maintenance, under such plan shall be limited to

those with a positive net present value over a period of 10 years

or less.

(4) In paragraph (3), the term ''energy efficient maintenance or

water efficient maintenance'' includes -

(A) the repair by replacement of equipment or systems, such as

lighting, heating, or cooling equipment or systems, industrial

processes, or water efficiency applications, with technology that

-

(i) will achieve the most cost-effective energy savings over

the life-cycle of the equipment or system being repaired; and

(ii) will meet the same end needs as the equipment or system

being repaired; and

(B) improvements in an operation or maintenance process, such

as improved training or improved controls, that result in reduced

costs through energy savings or water cost savings.

(b) Use of Energy Cost Savings. - (1) Two-thirds of the portion

of the funds appropriated to the Department of Defense for a fiscal

year that is equal to the amount of energy cost savings realized by

the Department, including financial benefits resulting from shared

energy savings contracts, shall remain available for obligation

under paragraph (2) until expended, without additional

authorization or appropriation.

(2) The Secretary shall provide that the amount that remains

available for obligation under paragraph (1) and section 2866(a)(3)

of this title, and the funds made available under section

2867(b)(2) of this title, shall be used as follows:

(A) One-half of the amount shall be used for the implementation

of additional energy conservation measures and for water

conservation activities at such buildings, facilities, or

installations of the Department of Defense as may be designated

(in accordance with regulations prescribed by the Secretary of

Defense) by the head of the department, agency, or

instrumentality that realized the savings referred to in

paragraph (1) or in section 2866(a)(3) of this title.

(B) One-half of the amount shall be used at the installation at

which the savings were realized, as determined by the commanding

officer of such installation consistent with applicable law and

regulations, for -

(i) improvements to existing military family housing units;

(ii) any unspecified minor construction project that will

enhance the quality of life of personnel; or

(iii) any morale, welfare, or recreation facility or service.

(3) Financial incentives received from gas or electric utilities

under subsection (d)(2), and from utilities for management of water

demand or water conservation under section 2866(a)(2) of this

title, shall be credited to an appropriation designated by the

Secretary of Defense. Amounts so credited shall be merged with the

appropriation to which credited and shall be available for the same

purposes and the same period as the appropriation with which

merged.

(c) Shared Energy Savings Contracts. - (1) The Secretary of

Defense shall develop a simplified method of contracting for shared

energy savings contract services that will accelerate the use of

these contracts with respect to military installations and will

reduce the administrative effort and cost on the part of the

Department as well as the private sector.

(2)(A) In carrying out paragraph (1), the Secretary of Defense

may -

(i) request statements of qualifications (as prescribed by the

Secretary of Defense), including financial and performance

information, from firms engaged in providing shared energy

savings contracting;

(ii) designate from the statements received, with an update at

least annually, those firms that are presumptively qualified to

provide shared energy savings services;

(iii) select at least three firms from the qualifying list to

conduct discussions concerning a particular proposed project,

including requesting a technical and price proposal from such

selected firms for such project; and

(iv) select from such firms the most qualified firm to provide

shared energy savings services pursuant to a contractual

arrangement that the Secretary determines is fair and reasonable,

taking into account the estimated value of the services to be

rendered and the scope and nature of the project.

(B) In carrying out paragraph (1), the Secretary may also provide

for the direct negotiation, by departments, agencies, and

instrumentalities of the Department of Defense, of contracts with

shared energy savings contractors that have been selected

competitively and approved by any gas or electric utility serving

the department, agency, or instrumentality concerned.

(d) Energy Saving Activities. - (1) The Secretary of Defense

shall permit and encourage each military department, Defense

Agency, and other instrumentality of the Department of Defense to

participate in programs conducted by any gas or electric utility

for the management of electricity demand or for energy conservation

or by any utility for water conservation activities.

(2) The Secretary of Defense may authorize any military

installation to accept any financial incentive, goods, or services

generally available from a gas or electric utility, to adopt

technologies and practices that the Secretary determines are cost

effective for the Federal Government.

(3) Subject to paragraph (4), the Secretary of Defense may

authorize the Secretary of a military department having

jurisdiction over a military installation to enter into agreements

with gas or electric utilities to design and implement

cost-effective demand and conservation incentive programs

(including energy management services, facilities alterations, and

the installation and maintenance of energy saving devices and

technologies by the utilities) to address the requirements and

circumstances of the installation.

(4)(A) If an agreement under paragraph (3) provides for a utility

to advance financing costs for the design or implementation of a

program referred to in that paragraph to be repayed by the United

States, the cost of such advance may be recovered by the utility

under terms no less favorable than those applicable to its most

favored customer.

(B) Subject to the availability of appropriations, repayment of

costs advanced under subparagraph (A) shall be made from funds

available to a military department for the purchase of utility

services.

(C) An agreement under paragraph (3) shall provide that title to

any energy-saving device or technology installed at a military

installation pursuant to the agreement vest in the United States.

Such title may vest at such time during the term of the agreement,

or upon expiration of the agreement, as determined to be in the

best interests of the United States.

(e) Energy Conservation Construction Projects. - (1) The

Secretary of Defense may carry out a military construction project

for energy conservation, not previously authorized, using funds

appropriated or otherwise made available for that purpose.

(2) When a decision is made to carry out a project under

paragraph (1), the Secretary of Defense shall notify in writing the

appropriate committees of Congress of that decision. The project

may then be carried out only after the end of the 21-day period

beginning on the date the notification is received by such

committees.

(f) Annual Report. - Not later than December 31 of each year, the

Secretary of Defense shall transmit an annual report to the

Congress containing a description of the actions taken to carry out

this section, and the savings realized from such actions, during

the fiscal year ending in the year in which the report is made.

The Secretary shall also include in each report the types and

amount of financial incentives received under subsection (d)(2) and

section 2866(a)(2) of this title during the period covered by the

report and the appropriation account or accounts to which the

incentives were credited.

-SOURCE-

(Added Pub. L. 101-510, div. B, title XXVIII, Sec. 2851(a), Nov.

5, 1990, 104 Stat. 1803; amended Pub. L. 102-484, div. B, title

XXVIII, Sec. 2801, Oct. 23, 1992, 106 Stat. 2604; Pub. L. 103-160,

div. B, title XXVIII, Sec. 2804, Nov. 30, 1993, 107 Stat. 1885;

Pub. L. 103-337, div. A, title X, Sec. 1070(a)(14), Oct. 5, 1994,

108 Stat. 2856; Pub. L. 104-106, div. A, title XV, Sec.

1502(a)(27), div. B, title XXVIII, Sec. 2819, Feb. 10, 1996, 110

Stat. 506, 555; Pub. L. 105-85, div. A, title III, Sec. 371(d)(2),

div. B, title XXVIII, Sec. 2804(a), Nov. 18, 1997, 111 Stat. 1706,

1990; Pub. L. 107-314, div. B, title XXVIII, Sec. 2805, Dec. 2,

2002, 116 Stat. 2705.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-314 substituted ''until

expended'' for ''through the end of the fiscal year following the

fiscal year for which the funds were appropriated''.

1997 - Subsec. (b)(1). Pub. L. 105-85, Sec. 2804(a)(1)(A), struck

out ''and financial incentives described in subsection (d)(2)''

after ''savings contracts''.

Subsec. (b)(2). Pub. L. 105-85, Sec. 2804(a)(1)(B), substituted

''section 2866(a)(3)'' for ''section 2866(b)'' in introductory

provisions and in subpar. (A).

Pub. L. 105-85, Sec. 371(d)(2), substituted ''section

2867(b)(2)'' for ''section 2483(b)(2)'' in introductory provisions.

Subsec. (b)(3). Pub. L. 105-85, Sec. 2804(a)(1)(C), added par.

(3).

Subsec. (f). Pub. L. 105-85, Sec. 2804(a)(2), inserted at end

''The Secretary shall also include in each report the types and

amount of financial incentives received under subsection (d)(2) and

section 2866(a)(2) of this title during the period covered by the

report and the appropriation account or accounts to which the

incentives were credited.''

1996 - Subsec. (a)(3). Pub. L. 104-106, Sec. 2819(a), substituted

''energy efficient maintenance or water efficient maintenance'' for

''energy efficient maintenance''.

Subsec. (a)(4). Pub. L. 104-106, Sec. 2819(b)(1), substituted

''energy efficient maintenance or water efficient maintenance'' for

''energy efficient maintenance'' in introductory provisions.

Subsec. (a)(4)(A). Pub. L. 104-106, Sec. 2819(b)(2), substituted

''systems, industrial processes, or water efficiency

applications,'' for ''systems or industrial processes,'' in

introductory provisions.

Subsec. (a)(4)(B). Pub. L. 104-106, Sec. 2819(b)(3), inserted

before period at end ''or water cost savings''.

Subsec. (e)(2). Pub. L. 104-106, Sec. 1502(a)(27), substituted

''appropriate committees of Congress'' for ''Committees on Armed

Services and Appropriations of the Senate and House of

Representatives''.

1994 - Subsec. (a)(4)(B). Pub. L. 103-337 inserted period at end.

1993 - Subsec. (a)(3). Pub. L. 103-160, Sec. 2804(a)(1), inserted

'', including energy efficient maintenance,'' after ''conservation

measures''.

Subsec. (a)(4). Pub. L. 103-160, Sec. 2804(a)(2), added par. (4).

Subsec. (b)(1). Pub. L. 103-160, Sec. 2804(b)(1), substituted

''Two-thirds'' for ''The Secretary shall provide that two-thirds''

and struck out ''for any fiscal year beginning after fiscal year

1990'' after ''described in subsection (d)(2),''.

Subsec. (b)(2). Pub. L. 103-160, Sec. 2804(b)(2), added

introductory provisions and subpar. (A) and struck out former

introductory provisions and subpar. (A) which read as follows:

''The amount that remains available for obligation under paragraph

(1) shall be utilized as follows:

''(A) One-half of the amount shall be used for the

implementation of additional energy conservation measures at such

buildings, facilities, or installations of the Department of

Defense as the head of the department, agency, or instrumentality

that realized the savings may designate in accordance with

regulations prescribed by the Secretary of Defense.''

Subsec. (d)(1). Pub. L. 103-160, Sec. 2804(c), inserted before

period at end ''or by any utility for water conservation

activities''.

1992 - Subsec. (a). Pub. L. 102-484, Sec. 2801(e)(1), inserted

heading.

Subsec. (b). Pub. L. 102-484, Sec. 2801(e)(2), inserted heading.

Subsec. (b)(1). Pub. L. 102-484, Sec. 2801(c), substituted

''subsection (d)(2)'' for ''paragraph (3)(B)''.

Subsec. (b)(3). Pub. L. 102-484, Sec. 2801(a)(1), struck out par.

(3) which read as follows: ''The Secretary -

''(A) shall permit and encourage each military department,

Defense Agency, and other instrumentality of the Department of

Defense to participate in programs conducted by any gas or

electric utility for the management of electricity demand or for

energy conservation; and

''(B) may authorize any military installation to accept any

financial incentive, generally available from any such utility,

to adopt technologies and practices that the Secretary determines

are cost-effective for the Federal Government.''

Subsec. (c). Pub. L. 102-484, Sec. 2801(e)(3), inserted heading.

Subsecs. (d), (e). Pub. L. 102-484, Sec. 2801(a)(3), (b), added

subsecs. (d) and (e). Former subsec. (d) redesignated (f).

Subsec. (f). Pub. L. 102-484, Sec. 2801(a)(2), (d), (e)(4),

redesignated subsec. (d) as (f), inserted heading, and substituted

''not later than December 31 of each year'' for ''Beginning with

fiscal year 1991 and by no later than December 31, 1991, and of

each year thereafter''.

DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM

Pub. L. 107-107, div. A, title III, Sec. 317, Dec. 28, 2001, 115

Stat. 1054, provided that:

''(a) Sense of Congress. - It is the sense of Congress that the

Secretary of Defense should work to implement fuel efficiency

reforms that allow for investment decisions based on the true cost

of delivered fuel, strengthen the linkage between warfighting

capability and fuel logistics requirements, provide high-level

leadership encouraging fuel efficiency, target fuel efficiency

improvements through science and technology investment, and include

fuel efficiency in requirements and acquisition processes.

''(b) Energy Efficiency Program. - The Secretary shall carry out

a program to significantly improve the energy efficiency of

facilities of the Department of Defense through 2010. The Secretary

shall designate a senior official of the Department of Defense to

be responsible for managing the program for the Department and a

senior official of each military department to be responsible for

managing the program for such department.

''(c) Energy Efficiency Goals. - The goal of the energy

efficiency program shall be to achieve reductions in energy

consumption by facilities of the Department of Defense as follows:

''(1) In the case of industrial and laboratory facilities,

reductions in the average energy consumption per square foot of

such facilities, per unit of production or other applicable unit,

relative to energy consumption in 1990 -

''(A) by 20 percent by 2005; and

''(B) by 25 percent by 2010.

''(2) In the case of other facilities, reductions in average

energy consumption per gross square foot of such facilities,

relative to energy consumption per gross square foot in 1985 -

''(A) by 30 percent by 2005; and

''(B) by 35 percent by 2010.

''(d) Strategies for Improving Energy Efficiency. - In order to

achieve the goals set forth in subsection (c), the Secretary shall,

to the maximum extent practicable -

''(1) purchase energy-efficient products, as so designated by

the Environmental Protection Agency and the Department of Energy,

and other products that are energy-efficient;

''(2) utilize energy savings performance contracts, utility

energy-efficiency service contracts, and other contracts designed

to achieve energy conservation;

''(3) use life-cycle cost analysis, including assessment of

life-cycle energy costs, in making decisions about investments in

products, services, construction, and other projects;

''(4) conduct energy efficiency audits for approximately 10

percent of all Department of Defense facilities each year;

''(5) explore opportunities for energy efficiency in industrial

facilities for steam systems, boiler operation, air compressor

systems, industrial processes, and fuel switching; and

''(6) retire inefficient equipment on an accelerated basis

where replacement results in lower life-cycle costs.

''(e) Reporting Requirements. - Not later than January 1, 2002,

and each January 1 thereafter through 2010, the Secretary shall

submit to the congressional defense committees (Committees on Armed

Services and Appropriations of the Senate and the House of

Representatives) the report required to be prepared by the

Secretary pursuant to section 303 of Executive Order 13123 (64 Fed.

Reg. 30851; 42 U.S.C. 8251 note) regarding the progress made toward

achieving the energy efficiency goals of the Department of

Defense.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2866, 2867 of this title.

-CITE-

10 USC Sec. 2866 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2866. Water conservation at military installations

-STATUTE-

(a) Water Conservation Activities. - (1) The Secretary of Defense

shall permit and encourage each military department, Defense

Agency, and other instrumentality of the Department of Defense to

participate in programs conducted by a utility for the management

of water demand or for water conservation.

(2) The Secretary of Defense may authorize a military

installation to accept a financial incentive (including an

agreement to reduce the amount of a future water bill), goods, or

services generally available from a utility, for the purpose of

adopting technologies and practices that -

(A) relate to the management of water demand or to water

conservation; and

(B) as determined by the Secretary, are cost effective for the

Federal Government.

(3) Subject to paragraph (4), the Secretary of Defense may

authorize the Secretary of a military department having

jurisdiction over a military installation to enter into an

agreement with a utility to design and implement a cost-effective

program that provides incentives for the management of water demand

and for water conservation and that addresses the requirements and

circumstances of the installation. Activities under the program

may include the provision of water management services, the

alteration of a facility, and the installation and maintenance by

the utility of a water-saving device or technology.

(4)(A) If an agreement under paragraph (3) provides for a utility

to pay in advance the financing costs for the design or

implementation of a program referred to in that paragraph and for

such advance payment to be repayed by the United States, the cost

of such advance payment may be recovered by the utility under terms

that are not less favorable than the terms applicable to the most

favored customer of the utility.

(B) Subject to the availability of appropriations, a repayment of

an advance payment under subparagraph (A) shall be made from funds

available to a military department for the purchase of utility

services.

(C) An agreement under paragraph (3) shall provide that title to

a water-saving device or technology installed at a military

installation pursuant to the agreement shall vest in the United

States. Such title may vest at such time during the term of the

agreement, or upon expiration of the agreement, as determined to be

in the best interests of the United States.

(b) Use of Financial Incentives and Water Cost Savings. - (1)

Financial incentives received under subsection (a)(2) shall be used

as provided in section 2865(b)(3) of this title.

(2) Water cost savings realized under subsection (a)(3) shall be

used as provided in section 2865(b)(2) of this title.

(c) Water Conservation Construction Projects. - (1) The Secretary

of Defense may carry out a military construction project for water

conservation, not previously authorized, using funds appropriated

or otherwise made available to the Secretary for water

conservation.

(2) When a decision is made to carry out a project under

paragraph (1), the Secretary of Defense shall notify the

appropriate committees of Congress of that decision. Such project

may be carried out only after the end of the 21-day period

beginning on the date the notification is received by such

committees.

-SOURCE-

(Added Pub. L. 103-160, div. B, title XXVIII, Sec. 2803(a), Nov.

30, 1993, 107 Stat. 1884; amended Pub. L. 104-106, div. A, title

XV, Sec. 1502(a)(27), Feb. 10, 1996, 110 Stat. 506; Pub. L. 105-85,

div. B, title XXVIII, Sec. 2804(b), Nov. 18, 1997, 111 Stat.

1991.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-85 amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

''(b) Use of Water Cost Savings. - Water cost savings realized

under this section shall be used as provided in section 2865(b)(2)

of this title.''

1996 - Subsec. (c)(2). Pub. L. 104-106 substituted ''appropriate

committees of Congress'' for ''Committees on Armed Services and

Appropriations of the Senate and House of Representatives''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2865 of this title.

-CITE-

10 USC Sec. 2867 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2867. Sale of electricity from alternate energy and

cogeneration production facilities

-STATUTE-

(a) The Secretary of a military department may sell, contract to

sell, or authorize the sale by a contractor to a public or private

utility company of electrical energy generated from alternate

energy or cogeneration type production facilities which are under

the jurisdiction (or produced on land which is under the

jurisdiction) of the Secretary concerned. The sale of such energy

shall be made under such regulations, for such periods, and at such

prices as the Secretary concerned prescribes consistent with the

Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et

seq.).

(b)(1) Proceeds from sales under subsection (a) shall be credited

to the appropriation account currently available to the military

department concerned for the supply of electrical energy.

(2) Subject to the availability of appropriations for this

purpose, proceeds credited under paragraph (1) may be used to carry

out military construction projects under the energy performance

plan developed by the Secretary of Defense under section 2865(a) of

this title, including minor military construction projects

authorized under section 2805 of this title that are designed to

increase energy conservation.

(c) Before carrying out a military construction project described

in subsection (b) using proceeds from sales under subsection (a),

the Secretary concerned shall notify Congress in writing of the

project, the justification for the project, and the estimated cost

of the project. The project may be carried out only after the end

of the 21-day period beginning on the date the notification is

received by Congress.

-SOURCE-

(Added Pub. L. 98-407, title VIII, Sec. 810(a), Aug. 28, 1984, 98

Stat. 1523, Sec. 2483; amended Pub. L. 103-160, div. B, title

XXVIII, Sec. 2802, Nov. 30, 1993, 107 Stat. 1884; renumbered Sec.

2867, Pub. L. 105-85, div. A, title III, Sec. 371(b)(2), Nov. 18,

1997, 111 Stat. 1705.)

-REFTEXT-

REFERENCES IN TEXT

The Public Utility Regulatory Policies Act of 1978, referred to

in subsec. (a), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 2601 of Title 16,

Conservation, and Tables.

-MISC2-

AMENDMENTS

1997 - Pub. L. 105-85 renumbered section 2483 of this title as

this section.

1993 - Subsec. (b). Pub. L. 103-160, Sec. 2802(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (c). Pub. L. 103-160, Sec. 2802(b), added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2865 of this title.

-CITE-

10 USC Sec. 2868 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III - ADMINISTRATION OF MILITARY CONSTRUCTION AND

MILITARY FAMILY HOUSING

-HEAD-

Sec. 2868. Utility services: furnishing for certain buildings

-STATUTE-

Appropriations for the Department of Defense may be used for

utility services for -

(1) buildings constructed at private cost, as authorized by

law; and

(2) buildings on military reservations authorized by regulation

to be used for morale, welfare, and recreational purposes.

-SOURCE-

(Added Pub. L. 100-370, Sec. 1(j)(1), July 19, 1988, 102 Stat. 848,

Sec. 2490; renumbered Sec. 2868, Pub. L. 105-85, div. A, title

III, Sec. 371(b)(2), Nov. 18, 1997, 111 Stat. 1705.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is based on Pub. L. 99-190, Sec. 101(b) (title VIII, Sec.

8006(b)), Dec. 19, 1985, 99 Stat. 1185.

In two instances, the source section for provisions to be

codified provides that defense appropriations may be used for

''welfare and recreation'' or ''welfare and recreational''

purposes. (Section 735 of Public Law 98-212 and section 8006(b) of

Public Law 99-190, to be codified as 10 U.S.C. 2241(a)(1) and

2490(2), respectively). The committee added the term ''morale'' in

both of these two instances to conform to the usual ''MWR'' usage

for morale, welfare, and recreation activities.

AMENDMENTS

1997 - Pub. L. 105-85 renumbered section 2490 of this title as

this section.

-CITE-

10 USC SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR

ACQUISITION AND IMPROVEMENT OF MILITARY

HOUSING 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

.

-HEAD-

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-MISC1-

Sec.

2871. Definitions.

2872. General authority.

2872a. Utilities and services.

2873. Direct loans and loan guarantees.

2874. Leasing of housing.

2875. Investments.

2876. Rental guarantees.

2877. Differential lease payments.

2878. Conveyance or lease of existing property and facilities.

(2879. Repealed.)

2880. Unit size and type.

2881. Ancillary supporting facilities.

2881a. Pilot projects for acquisition or construction of military

unaccompanied housing.

2882. Assignment of members of the armed forces to housing units.

2883. Department of Defense Housing Funds.

2883a. Funds for housing allowances of members of the armed forces

assigned to certain military family housing units.

2884. Reports.

2885. Expiration of authority.

AMENDMENTS

2002 - Pub. L. 107-314, div. B, title XXVIII, Sec. 2802(b)(3),

(c)(2), 2803(a)(2), Dec. 2, 2002, 116 Stat. 2703, 2705, struck out

''to be constructed'' after ''Leasing of housing'' in item 2874,

struck out item 2879 ''Interim leases'', and added item 2881a.

2001 - Pub. L. 107-107, div. B, title XXVIII, Sec. 2804(b), Dec.

28, 2001, 115 Stat. 1306, added item 2883a.

2000 - Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2805(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-415, added item

2872a.

1999 - Pub. L. 106-65, div. B, title XXVIII, Sec. 2803(h)(2),

Oct. 5, 1999, 113 Stat. 849, added item 2875 and struck out former

item 2875 ''Investments in nongovernmental entities''.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2814 of this title;

title 20 section 7703; title 42 sections 1758, 1786.

-CITE-

10 USC Sec. 2871 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2871. Definitions

-STATUTE-

In this subchapter:

(1) The term ''ancillary supporting facilities'' means

facilities related to military housing units, including

facilities to provide or support elementary or secondary

education, child care centers, day care centers, tot lots,

community centers, housing offices, dining facilities, unit

offices, and other similar facilities for the support of military

housing.

(2) The term ''base closure law'' means the following:

(A) Section 2687 of this title.

(B) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

(C) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

(3) The term ''construction'' means the construction of

military housing units and ancillary supporting facilities or the

improvement or rehabilitation of existing units or ancillary

supporting facilities.

(4) The term ''contract'' includes any contract, lease, or

other agreement entered into under the authority of this

subchapter.

(5) The term ''eligible entity'' means any private person,

corporation, firm, partnership, company, State or local

government, or housing authority of a State or local government.

(6) The term ''Fund'' means the Department of Defense Family

Housing Improvement Fund or the Department of Defense Military

Unaccompanied Housing Improvement Fund established under section

2883(a) of this title.

(7) The term ''military unaccompanied housing'' means military

housing intended to be occupied by members of the armed forces

serving a tour of duty unaccompanied by dependents and transient

housing intended to be occupied by members of the armed forces on

temporary duty.

(8) The term ''United States'' includes the Commonwealth of

Puerto Rico.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 544; amended Pub. L. 105-261, div. B,

title XXVIII, Sec. 2803, Oct. 17, 1998, 112 Stat. 2202; Pub. L.

106-65, div. B, title XXVIII, Sec. 2803(a), Oct. 5, 1999, 113

Stat. 848; Pub. L. 107-314, div. B, title XXVIII, Sec. 2803(b),

Dec. 2, 2002, 116 Stat. 2705.)

-MISC1-

AMENDMENTS

2002 - Par. (7). Pub. L. 107-314 inserted ''and transient housing

intended to be occupied by members of the armed forces on temporary

duty'' before period at end.

1999 - Pars. (5) to (8). Pub. L. 106-65 added par. (5) and

redesignated former pars. (5) to (7) as (6) to (8), respectively.

1998 - Par. (1). Pub. L. 105-261 inserted ''facilities to provide

or support elementary or secondary education,'' after

''including''.

-CITE-

10 USC Sec. 2872 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2872. General authority

-STATUTE-

In addition to any other authority provided under this chapter

for the acquisition or construction of military family housing or

military unaccompanied housing, the Secretary concerned may

exercise any authority or any combination of authorities provided

under this subchapter in order to provide for the acquisition or

construction by eligible entities of the following:

(1) Family housing units on or near military installations

within the United States and its territories and possessions.

(2) Military unaccompanied housing units on or near such

military installations.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 545; amended Pub. L. 106-65, div. B,

title XXVIII, Sec. 2803(b), Oct. 5, 1999, 113 Stat. 849.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 substituted ''eligible entities'' for

''private persons'' in introductory provisions.

-CITE-

10 USC Sec. 2872a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2872a. Utilities and services

-STATUTE-

(a) Authority To Furnish. - The Secretary concerned may furnish

utilities and services referred to in subsection (b) in connection

with any military housing acquired or constructed pursuant to the

exercise of any authority or combination of authorities under this

subchapter if the military housing is located on a military

installation.

(b) Covered Utilities and Services. - The utilities and services

that may be furnished under subsection (a) are the following:

(1) Electric power.

(2) Steam.

(3) Compressed air.

(4) Water.

(5) Sewage and garbage disposal.

(6) Natural gas.

(7) Pest control.

(8) Snow and ice removal.

(9) Mechanical refrigeration.

(10) Telecommunications service.

(11) Firefighting and fire protection services.

(12) Police protection services.

(c) Reimbursement. - (1) The Secretary concerned shall be

reimbursed for any utilities or services furnished under subsection

(a).

(2) The amount of any cash payment received under paragraph (1)

shall be credited to the appropriation or working capital account

from which the cost of furnishing the utilities or services

concerned was paid. Amounts so credited to an appropriation or

account shall be merged with funds in such appropriation or

account, and shall be available to the same extent, and subject to

the same terms and conditions, as such funds.

-SOURCE-

(Added Pub. L. 106-398, Sec. 1 (div. B, title XXVIII, Sec.

2805(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-414; amended Pub. L.

107-314, div. B, title XXVIII, Sec. 2802(a), Dec. 2, 2002, 116

Stat. 2703.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(11), (12). Pub. L. 107-314 added pars. (11)

and (12).

-CITE-

10 USC Sec. 2873 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2873. Direct loans and loan guarantees

-STATUTE-

(a) Direct Loans. - (1) Subject to subsection (c), the Secretary

concerned may make direct loans to an eligible entity in order to

provide funds to the eligible entity for the acquisition or

construction of housing units that the Secretary determines are

suitable for use as military family housing or as military

unaccompanied housing.

(2) The Secretary concerned shall establish such terms and

conditions with respect to loans made under this subsection as the

Secretary considers appropriate to protect the interests of the

United States, including the period and frequency for repayment of

such loans and the obligations of the obligors on such loans upon

default.

(b) Loan Guarantees. - (1) Subject to subsection (c), the

Secretary concerned may guarantee a loan made to an eligible entity

if the proceeds of the loan are to be used by the eligible entity

to acquire, or construct housing units that the Secretary

determines are suitable for use as military family housing or as

military unaccompanied housing.

(2) The amount of a guarantee on a loan that may be provided

under paragraph (1) may not exceed the amount equal to the lesser

of -

(A) the amount equal to 80 percent of the value of the project;

or

(B) the amount of the outstanding principal of the loan.

(3) The Secretary concerned shall establish such terms and

conditions with respect to guarantees of loans under this

subsection as the Secretary considers appropriate to protect the

interests of the United States, including the rights and

obligations of obligors of such loans and the rights and

obligations of the United States with respect to such guarantees.

(c) Limitation on Direct Loan and Guarantee Authority. - Direct

loans and loan guarantees may be made under this section only to

the extent that appropriations of budget authority to cover their

cost (as defined in section 502(5) of the Federal Credit Reform Act

of 1990 (2 U.S.C. 661a(5))) are made in advance, or authority is

otherwise provided in appropriation Acts. If such appropriation or

other authority is provided, there may be established a financing

account (as defined in section 502(7) of such Act (2 U.S.C.

661a(7))), which shall be available for the disbursement of direct

loans or payment of claims for payment on loan guarantees under

this section and for all other cash flows to and from the

Government as a result of direct loans and guarantees made under

this section.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 545; amended Pub. L. 106-65, div. B,

title XXVIII, Sec. 2803(c), Oct. 5, 1999, 113 Stat. 849.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(1). Pub. L. 106-65, Sec. 2803(c)(1),

substituted ''an eligible entity'' for ''persons in the private

sector'' and ''the eligible entity'' for ''such persons''.

Subsec. (b)(1). Pub. L. 106-65, Sec. 2803(c)(2), substituted ''an

eligible entity'' for ''any person in the private sector'' and

''the eligible entity'' for ''the person''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2883 of this title.

-CITE-

10 USC Sec. 2874 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2874. Leasing of housing

-STATUTE-

(a) Lease Authorized. - The Secretary concerned may enter into

contracts for the lease of housing units that the Secretary

determines are suitable for use as military family housing or

military unaccompanied housing.

(b) Use of Leased Units. - The Secretary concerned shall utilize

housing units leased under this section as military family housing

or military unaccompanied housing, as appropriate.

(c) Lease Terms. - A contract under this section may be for any

period that the Secretary concerned determines appropriate and may

provide for the owner of the leased property to operate and

maintain the property.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 546; amended Pub. L. 107-314, div. B,

title XXVIII, Sec. 2802(b)(1), (2), Dec. 2, 2002, 116 Stat. 2703.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-314, Sec. 2802(b)(2), in section catchline

struck out ''to be constructed'' after ''Leasing of housing''.

Subsec. (a). Pub. L. 107-314, Sec. 2802(b)(1)(B), added subsec.

(a) and struck out heading and text of former subsec. (a). Text

read as follows: ''The Secretary concerned may enter into contracts

for the lease of military family housing units or military

unaccompanied housing units to be constructed under this

subchapter.''

Subsecs. (b), (c). Pub. L. 107-314, Sec. 2802(b)(1), added

subsec. (b) and redesignated former subsec. (b) as (c).

-CITE-

10 USC Sec. 2875 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2875. Investments

-STATUTE-

(a) Investments Authorized. - The Secretary concerned may make

investments in an eligible entity carrying out projects for the

acquisition or construction of housing units suitable for use as

military family housing or as military unaccompanied housing.

(b) Forms of Investment. - An investment under this section may

take the form of an acquisition of a limited partnership interest

by the United States, a purchase of stock or other equity

instruments by the United States, a purchase of bonds or other debt

instruments by the United States, or any combination of such forms

of investment.

(c) Limitation on Value of Investment. - (1) The cash amount of

an investment under this section in an eligible entity may not

exceed an amount equal to 33 1/3 percent of the capital cost (as

determined by the Secretary concerned) of the project or projects

that the eligible entity proposes to carry out under this section

with the investment.

(2) If the Secretary concerned conveys land or facilities to an

eligible entity as all or part of an investment in the eligible

entity under this section, the total value of the investment by the

Secretary under this section may not exceed an amount equal to 45

percent of the capital cost (as determined by the Secretary) of the

project or projects that the eligible entity proposes to carry out

under this section with the investment.

(3) In this subsection, the term ''capital cost'', with respect

to a project for the acquisition or construction of housing, means

the total amount of the costs included in the basis of the housing

for Federal income tax purposes.

(d) Collateral Incentive Agreements. - The Secretary concerned

shall enter into collateral incentive agreements with eligible

entities in which the Secretary makes an investment under this

section to ensure that a suitable preference will be afforded

members of the armed forces and their dependents in the lease or

purchase, as the case may be, of a reasonable number of the housing

units covered by the investment.

(e) Congressional Notification Required. - Amounts in the

Department of Defense Family Housing Improvement Fund or the

Department of Defense Military Unaccompanied Housing Improvement

Fund may be used to make a cash investment under this section in an

eligible entity only after the end of the 30-day period beginning

on the date the Secretary of Defense submits written notice of, and

justification for, the investment to the appropriate committees of

Congress.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 546; amended Pub. L. 105-85, div. B,

title XXVIII, Sec. 2805, Nov. 18, 1997, 111 Stat. 1991; Pub. L.

106-65, div. B, title XXVIII, Sec. 2803(d), (h)(1), Oct. 5, 1999,

113 Stat. 849.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65, Sec. 2803(h)(1), struck out ''in

nongovernmental entities'' after ''Investments'' in section

catchline.

Subsec. (a). Pub. L. 106-65, Sec. 2803(d)(1), substituted ''an

eligible entity'' for ''nongovernmental entities''.

Subsec. (c). Pub. L. 106-65, Sec. 2803(d)(2), substituted ''an

eligible entity'' for ''a nongovernmental entity'' in pars. (1) and

(2) and ''the eligible entity'' for ''the entity'' wherever

appearing in pars. (1) and (2).

Subsec. (d). Pub. L. 106-65, Sec. 2803(d)(3), substituted

''eligible'' for ''nongovernmental''.

Subsec. (e). Pub. L. 106-65, Sec. 2803(d)(4), substituted ''an

eligible entity'' for ''a nongovernmental entity''.

1997 - Subsec. (e). Pub. L. 105-85 added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2883 of this title.

-CITE-

10 USC Sec. 2876 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2876. Rental guarantees

-STATUTE-

The Secretary concerned may enter into agreements with eligible

entities that acquire or construct military family housing units or

military unaccompanied housing units under this subchapter in order

to assure -

(1) the occupancy of such units at levels specified in the

agreements; or

(2) rental income derived from rental of such units at levels

specified in the agreements.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 546; amended Pub. L. 106-65, div. B,

title XXVIII, Sec. 2803(e), Oct. 5, 1999, 113 Stat. 849.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 substituted ''eligible entities'' for

''private persons'' in introductory provisions.

-CITE-

10 USC Sec. 2877 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2877. Differential lease payments

-STATUTE-

Pursuant to an agreement entered into by the Secretary concerned

and a lessor of military family housing or military unaccompanied

housing to members of the armed forces, the Secretary may pay the

lessor an amount in addition to the rental payments for the housing

made by the members as the Secretary determines appropriate to

encourage the lessor to make the housing available to members of

the armed forces as military family housing or as military

unaccompanied housing.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 547; amended Pub. L. 106-65, div. B,

title XXVIII, Sec. 2803(f), Oct. 5, 1999, 113 Stat. 849.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 substituted ''a lessor'' for ''a private

lessor''.

-CITE-

10 USC Sec. 2878 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2878. Conveyance or lease of existing property and facilities

-STATUTE-

(a) Conveyance or Lease Authorized. - The Secretary concerned may

convey or lease property or facilities (including ancillary

supporting facilities) to eligible entities for purposes of using

the proceeds of such conveyance or lease to carry out activities

under this subchapter.

(b) Inapplicability to Property at Installation Approved for

Closure. - The authority of this section does not apply to property

or facilities located on or near a military installation approved

for closure under a base closure law.

(c) Terms and Conditions. - (1) The conveyance or lease of

property or facilities under this section shall be for such

consideration and upon such terms and conditions as the Secretary

concerned considers appropriate for the purposes of this subchapter

and to protect the interests of the United States.

(2) As part or all of the consideration for a conveyance or lease

under this section, the purchaser or lessor (as the case may be)

shall enter into an agreement with the Secretary to ensure that a

suitable preference will be afforded members of the armed forces

and their dependents in the lease or sublease of a reasonable

number of the housing units covered by the conveyance or lease, as

the case may be, or in the lease of other suitable housing units

made available by the purchaser or lessee.

(d) Inapplicability of Certain Property Management Laws. - The

conveyance or lease of property or facilities under this section

shall not be subject to the following provisions of law:

(1) Section 2667 of this title.

(2) Subtitle I of title 40 and title III of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C. 251

et seq.).

(3) Section 1302 of title 40.

(4) Section 501 of the McKinney-Vento Homeless Assistance Act

(42 U.S.C. 11411).

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 547; amended Pub. L. 105-85, div. A,

title X, Sec. 1073(a)(60), Nov. 18, 1997, 111 Stat. 1903; Pub. L.

106-65, div. B, title XXVIII, Sec. 2803(g), Oct. 5, 1999, 113

Stat. 849; Pub. L. 107-107, div. A, title X, Sec. 1048(d)(1), Dec.

28, 2001, 115 Stat. 1227; Pub. L. 107-217, Sec. 3(b)(23), Aug. 21,

2002, 116 Stat. 1297.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (d)(2), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts. For complete classification of this Act to

the Code, see Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(2). Pub. L. 107-217, Sec. 3(b)(23)(A),

substituted ''Subtitle I of title 40 and title III of the'' for

''The'' and ''(41 U.S.C. 251 et seq.)'' for ''(40 U.S.C. 471 et

seq.)''.

Subsec. (d)(3). Pub. L. 107-217, Sec. 3(b)(23)(B), substituted

''Section 1302 of title 40'' for ''Section 321 of the Act of June

30, 1932 (commonly known as the Economy Act) (40 U.S.C. 303b)''.

2001 - Subsec. (d)(4). Pub. L. 107-107 substituted

''McKinney-Vento Homeless Assistance Act'' for ''Stewart B.

McKinney Homeless Assistance Act''.

1999 - Subsec. (a). Pub. L. 106-65 substituted ''eligible

entities'' for ''private persons''.

1997 - Subsec. (d)(4). Pub. L. 105-85 substituted ''11411'' for

''11401''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2881a, 2883, 2884 of this

title.

-CITE-

10 USC Sec. 2879 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

(Sec. 2879. Repealed. Pub. L. 107-314, div. B, title XXVIII, Sec.

2802(c)(1), Dec. 2, 2002, 116 Stat. 2703)

-MISC1-

Section, added Pub. L. 104-106, div. B, title XXVIII, Sec.

2801(a)(1), Feb. 10, 1996, 110 Stat. 547, related to interim leases

of completed units pending completion of a project to acquire or

construct military family housing units or military unaccompanied

housing units.

-CITE-

10 USC Sec. 2880 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2880. Unit size and type

-STATUTE-

(a) Conformity With Similar Housing Units in Locale. - The

Secretary concerned shall ensure that the room patterns and floor

areas of military family housing units and military unaccompanied

housing units acquired or constructed under this subchapter are

generally comparable to the room patterns and floor areas of

similar housing units in the locality concerned.

(b) Inapplicability of Limitations on Space by Pay Grade. - (1)

Section 2826 of this title shall not apply to military family

housing units acquired or constructed under this subchapter.

(2) The regulations prescribed under section 2856 of this title

shall not apply to any military unaccompanied housing unit acquired

or constructed under this subchapter unless the unit is located on

a military installation.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 548.)

-CITE-

10 USC Sec. 2881 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2881. Ancillary supporting facilities

-STATUTE-

(a) Authority To Acquire or Construct. - Any project for the

acquisition or construction of military family housing units or

military unaccompanied housing units under this subchapter may

include the acquisition or construction of ancillary supporting

facilities for the housing units concerned.

(b) Restriction. - A project referred to in subsection (a) may

not include the acquisition or construction of an ancillary

supporting facility if, as determined by the Secretary concerned,

the facility is to be used for providing merchandise or services in

direct competition with -

(1) the Army and Air Force Exchange Service;

(2) the Navy Exchange Service Command;

(3) a Marine Corps exchange;

(4) the Defense Commissary Agency; or

(5) any nonappropriated fund activity of the Department of

Defense for the morale, welfare, and recreation of members of the

armed forces.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 106-65, div. B,

title XXVIII, Sec. 2804, Oct. 5, 1999, 113 Stat. 849.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

-CITE-

10 USC Sec. 2881a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2881a. Pilot projects for acquisition or construction of

military unaccompanied housing

-STATUTE-

(a) Pilot Projects Authorized. - The Secretary of the Navy may

carry out not more than three pilot projects under the authority of

this section or another provision of this subchapter to use the

private sector for the acquisition or construction of military

unaccompanied housing in the United States, including any territory

or possession of the United States.

(b) Treatment of Housing; Assignment of Members. - The Secretary

of the Navy may assign members of the armed forces without

dependents to housing units acquired or constructed under the pilot

projects, and such housing units shall be considered as quarters of

the United States or a housing facility under the jurisdiction of

the Secretary for purposes of section 403 of title 37.

(c) Basic Allowance for Housing. - (1) The Secretary of Defense

may prescribe and, under section 403(n) of title 37, pay for

members of the armed forces without dependents in privatized

housing acquired or constructed under the pilot projects higher

rates of partial basic allowance for housing than the rates

authorized under paragraph (2) of such section.

(2) The partial basic allowance for housing paid for a member at

a higher rate under this subsection may be paid directly to the

private sector source of the housing to whom the member is

obligated to pay rent or other charge for residing in such housing

if the private sector source credits the amount so paid against the

amount owed by the member for the rent or other charge.

(d) Funding. - (1) The Secretary of the Navy shall use the

Department of Defense Military Unaccompanied Housing Improvement

Fund to carry out activities under the pilot projects.

(2) Subject to 90 days prior notification to the appropriate

committees of Congress, such additional amounts as the Secretary of

Defense considers necessary may be transferred to the Department of

Defense Military Unaccompanied Housing Improvement Fund from

amounts appropriated for construction of military unaccompanied

housing in military construction accounts. The amounts so

transferred shall be merged with and be available for the same

purposes and for the same period of time as amounts appropriated

directly to the Fund.

(e) Reports. - (1) The Secretary of the Navy shall transmit to

the appropriate committees of Congress a report describing -

(A) each contract for the acquisition of military unaccompanied

housing that the Secretary proposes to solicit under the pilot

projects;

(B) each conveyance or lease proposed under section 2878 of

this title in furtherance of the pilot projects; and

(C) the proposed partial basic allowance for housing rates for

each contract as they vary by grade of the member and how they

compare to basic allowance for housing rates for other contracts

written under the authority of the pilot programs.

(2) The report shall describe the proposed contract, conveyance,

or lease and the intended method of participation of the United

States in the contract, conveyance, or lease and provide a

justification of such method of participation. The report shall be

submitted not later than 90 days before the date on which the

Secretary issues the contract solicitation or offers the conveyance

or lease.

(f) Expiration. - Notwithstanding section 2885 of this title, the

authority of the Secretary of the Navy to enter into a contract

under the pilot programs shall expire September 30, 2007.

-SOURCE-

(Added Pub. L. 107-314, div. B, title XXVIII, Sec. 2803(a)(1),

Dec. 2, 2002, 116 Stat. 2703.)

-CITE-

10 USC Sec. 2882 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2882. Assignment of members of the armed forces to housing

units

-STATUTE-

(a) In General. - The Secretary concerned may assign members of

the armed forces to housing units acquired or constructed under

this subchapter.

(b) Effect of Certain Assignments on Entitlement to Housing

Allowances. - (1) Except as provided in paragraph (2), housing

referred to in subsection (a) shall be considered as quarters of

the United States or a housing facility under the jurisdiction of a

uniformed service for purposes of section 403 of title 37.

(2) A member of the armed forces who is assigned in accordance

with subsection (a) to a housing unit not owned or leased by the

United States shall be entitled to a basic allowance for housing

under section 403 of title 37.

(c) Lease Payments Through Pay Allotments. - The Secretary

concerned may require members of the armed forces who lease housing

in housing units acquired or constructed under this subchapter to

make lease payments for such housing pursuant to allotments of the

pay of such members under section 701 of title 37.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 105-85, div. A,

title VI, Sec. 603(d)(2)(C), Nov. 18, 1997, 111 Stat. 1783.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(1). Pub. L. 105-85, Sec. 603(d)(2)(C)(i),

substituted ''section 403'' for ''section 403(b)''.

Subsec. (b)(2). Pub. L. 105-85, Sec. 603(d)(2)(C)(ii),

substituted ''basic allowance for housing under section 403 of

title 37'' for ''basic allowance for quarters under section 403 of

title 37 and, if in a high housing cost area, a variable housing

allowance under section 403a of that title''.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

603(e) of Pub. L. 105-85, set out as a note under section 5561 of

Title 5, Government Organization and Employees.

-CITE-

10 USC Sec. 2883 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2883. Department of Defense Housing Funds

-STATUTE-

(a) Establishment. - There are hereby established on the books of

the Treasury the following accounts:

(1) The Department of Defense Family Housing Improvement Fund.

(2) The Department of Defense Military Unaccompanied Housing

Improvement Fund.

(b) Commingling of Funds Prohibited. - (1) The Secretary of

Defense shall administer each Fund separately.

(2) Amounts in the Department of Defense Family Housing

Improvement Fund may be used only to carry out activities under

this subchapter with respect to military family housing.

(3) Amounts in the Department of Defense Military Unaccompanied

Housing Improvement Fund may be used only to carry out activities

under this subchapter with respect to military unaccompanied

housing.

(c) Credits to Funds. - (1) There shall be credited to the

Department of Defense Family Housing Improvement Fund the

following:

(A) Amounts authorized for and appropriated to that Fund.

(B) Subject to subsection (f), any amounts that the Secretary

of Defense transfers, in such amounts as provided in

appropriation Acts, to that Fund from amounts authorized and

appropriated to the Department of Defense for the acquisition or

construction of military family housing.

(C) Proceeds from the conveyance or lease of property or

facilities under section 2878 of this title for the purpose of

carrying out activities under this subchapter with respect to

military family housing.

(D) Income derived from any activities under this subchapter

with respect to military family housing, including interest on

loans made under section 2873 of this title, income and gains

realized from investments under section 2875 of this title, and

any return of capital invested as part of such investments.

(E) Any amounts that the Secretary of the Navy transfers to

that Fund pursuant to section 2814(i)(3) of this title, subject

to the restrictions on the use of the transferred amounts

specified in that section.

(2) There shall be credited to the Department of Defense Military

Unaccompanied Housing Improvement Fund the following:

(A) Amounts authorized for and appropriated to that Fund.

(B) Subject to subsection (f), any amounts that the Secretary

of Defense transfers, in such amounts as provided in

appropriation Acts, to that Fund from amounts authorized and

appropriated to the Department of Defense for the acquisition or

construction of military unaccompanied housing.

(C) Proceeds from the conveyance or lease of property or

facilities under section 2878 of this title for the purpose of

carrying out activities under this subchapter with respect to

military unaccompanied housing.

(D) Income derived from any activities under this subchapter

with respect to military unaccompanied housing, including

interest on loans made under section 2873 of this title, income

and gains realized from investments under section 2875 of this

title, and any return of capital invested as part of such

investments.

(E) Any amounts that the Secretary of the Navy transfers to

that Fund pursuant to section 2814(i)(3) of this title, subject

to the restrictions on the use of the transferred amounts

specified in that section.

(d) Use of Amounts in Funds. - (1) In such amounts as provided in

appropriation Acts and except as provided in subsection (e), the

Secretary of Defense may use amounts in the Department of Defense

Family Housing Improvement Fund to carry out activities under this

subchapter with respect to military family housing, including

activities required in connection with the planning, execution, and

administration of contracts entered into under the authority of

this subchapter. The Secretary may also use for expenses of

activities required in connection with the planning, execution, and

administration of such contracts funds that are otherwise available

to the Department of Defense for such types of expenses.

(2) In such amounts as provided in appropriation Acts and except

as provided in subsection (e), the Secretary of Defense may use

amounts in the Department of Defense Military Unaccompanied Housing

Improvement Fund to carry out activities under this subchapter with

respect to military unaccompanied housing, including activities

required in connection with the planning, execution, and

administration of contracts entered into under the authority of

this subchapter. The Secretary may also use for expenses of

activities required in connection with the planning, execution, and

administration of such contracts funds that are otherwise available

to the Department of Defense for such types of expenses.

(3) Amounts made available under this subsection shall remain

available until expended. The Secretary of Defense may transfer

amounts made available under this subsection to the Secretaries of

the military departments to permit such Secretaries to carry out

the activities for which such amounts may be used.

(e) Limitation on Obligations. - The Secretary may not incur an

obligation under a contract or other agreement entered into under

this subchapter in excess of the unobligated balance, at the time

the contract is entered into, of the Fund required to be used to

satisfy the obligation.

(f) Notification Required for Transfers. - A transfer of

appropriated amounts to a Fund under paragraph (1)(B) or (2)(B) of

subsection (c) may be made only after the end of the 30-day period

beginning on the date the Secretary of Defense submits written

notice of, and justification for, the transfer to the appropriate

committees of Congress.

(g) Limitation on Amount of Budget Authority. - The total value

in budget authority of all contracts and investments undertaken

using the authorities provided in this subchapter shall not exceed

-

(1) $850,000,000 for the acquisition or construction of

military family housing; and

(2) $150,000,000 for the acquisition or construction of

military unaccompanied housing.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 104-201, div. B,

title XXVIII, Sec. 2804, Sept. 23, 1996, 110 Stat. 2788; Pub. L.

106-65, div. B, title XXVIII, Sec. 2802(b), Oct. 5, 1999, 113

Stat. 848.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(1)(E). Pub. L. 106-65, Sec. 2802(b)(1), added

subpar. (E).

Subsec. (c)(2)(E). Pub. L. 106-65, Sec. 2802(b)(2), added subpar.

(E).

1996 - Subsec. (d)(1), (2). Pub. L. 104-201 inserted at end ''The

Secretary may also use for expenses of activities required in

connection with the planning, execution, and administration of such

contracts funds that are otherwise available to the Department of

Defense for such types of expenses.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2814, 2854a, 2871, 2884

of this title.

-CITE-

10 USC Sec. 2883a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2883a. Funds for housing allowances of members of the armed

forces assigned to certain military family housing units

-STATUTE-

(a) Authority to Transfer Funds To Cover Housing Allowances. -

During the fiscal year in which a contract is awarded for the

acquisition or construction of military family housing units under

this subchapter that are not to be owned by the United States, the

Secretary of Defense may transfer the amount determined under

subsection (b) with respect to such housing from appropriations

available for support of military housing for the armed force

concerned for that fiscal year to appropriations available for pay

and allowances of military personnel of that same armed force for

that same fiscal year.

(b) Amount Transferred. - The total amount authorized to be

transferred under subsection (a) in connection with a contract

under this subchapter may not exceed an amount equal to any

additional amounts payable during the fiscal year in which the

contract is awarded to members of the armed forces assigned to the

acquired or constructed housing units as basic allowance for

housing under section 403 of title 37 that would not otherwise have

been payable to such members if not for assignment to such housing

units.

(c) Transfers Subject to Appropriations. - The transfer of funds

under the authority of subsection (a) is limited to such amounts as

may be provided in advance in appropriations Acts.

-SOURCE-

(Added Pub. L. 107-107, div. B, title XXVIII, Sec. 2804(a), Dec.

28, 2001, 115 Stat. 1305.)

-CITE-

10 USC Sec. 2884 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2884. Reports

-STATUTE-

(a) Project Reports. - (1) The Secretary of Defense shall

transmit to the appropriate committees of Congress a report

describing -

(A) each contract for the acquisition or construction of family

housing units or unaccompanied housing units that the Secretary

proposes to solicit under this subchapter; and

(B) each conveyance or lease proposed under section 2878 of

this title.

(2) The report shall describe the proposed contract, conveyance,

or lease and the intended method of participation of the United

States in the contract, conveyance, or lease and provide a

justification of such method of participation. The report shall be

submitted not later than 30 days before the date on which the

Secretary issues the contract solicitation or offers the conveyance

or lease.

(b) Annual Reports. - The Secretary of Defense shall include each

year in the materials that the Secretary submits to Congress in

support of the budget submitted by the President pursuant to

section 1105 of title 31 the following:

(1) A report on the expenditures and receipts during the

preceding fiscal year covering the Funds established under

section 2883 of this title.

(2) A methodology for evaluating the extent and effectiveness

of the use of the authorities under this subchapter during such

preceding fiscal year.

(3) A description of the objectives of the Department of

Defense for providing military family housing and military

unaccompanied housing for members of the armed forces.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 550.)

-MISC1-

FINAL REPORT

Section 2801(b) of Pub. L. 104-106 provided that: ''Not later

than March 1, 2000, the Secretary of Defense shall submit to the

congressional defense committees (Committees on Armed Services and

on Appropriations of the Senate and House of Representatives) a

report on the use by the Secretary of Defense and the Secretaries

of the military departments of the authorities provided by

subchapter IV of chapter 169 of title 10, United States Code, as

added by subsection (a). The report shall assess the effectiveness

of such authority in providing for the construction and improvement

of military family housing and military unaccompanied housing.''

-CITE-

10 USC Sec. 2885 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR ACQUISITION AND

IMPROVEMENT OF MILITARY HOUSING

-HEAD-

Sec. 2885. Expiration of authority

-STATUTE-

The authority to enter into a contract under this subchapter

shall expire on December 31, 2012.

-SOURCE-

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1),

Feb. 10, 1996, 110 Stat. 551; amended Pub. L. 105-85, div. A,

title X, Sec. 1073(a)(61), Nov. 18, 1997, 111 Stat. 1903; Pub. L.

106-398, Sec. 1 (div. B, title XXVIII, Sec. 2806), Oct. 30, 2000,

114 Stat. 1654, 1654A-415; Pub. L. 107-107, div. B, title XXVIII,

Sec. 2805, Dec. 28, 2001, 115 Stat. 1306.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-107 substituted ''2012'' for ''2004''.

2000 - Pub. L. 106-398 substituted ''December 31, 2004'' for

''February 10, 2001''.

1997 - Pub. L. 105-85 substituted ''on February 10, 2001'' for

''five years after the date of the enactment of the National

Defense Authorization Act for Fiscal Year 1996''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2881a of this title.

-CITE-