-CITE-
    10 USC CHAPTER 169 - MILITARY CONSTRUCTION AND MILITARY
           FAMILY HOUSING                                  01/03/2007

-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.

-End-


-CITE-
    10 USC SUBCHAPTER I - MILITARY CONSTRUCTION                 01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2801                                            01/03/2007

-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. 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, whether to satisfy temporary or permanent
    requirements.
      (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 and chapter 173 of this title:
        (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, without regard to the duration of operational control.
        (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
      congressional defense committees 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, 2835, and 2836 of
    this chapter) 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; Pub. L. 108-136, div. A, title X, Sec. 1043(b)(16), div. B,
    title XXVIII, Sec. 2801, Nov. 24, 2003, 117 Stat. 1611, 1719; Pub.
    L. 109-163, div. A, title X, Sec. 1056(c)(9), Jan. 6, 2006, 119
    Stat. 3440; Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(4),
    Oct. 17, 2006, 120 Stat. 2495.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-364 inserted "and chapter 173 of
    this title" after "this chapter" in introductory provisions.
      Subsec. (d). Pub. L. 109-163 substituted "sections 2830, 2835,
    and 2836 of this chapter" for "sections 2830 and 2835".
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 2801(a), inserted
    before period at end ", whether to satisfy temporary or permanent
    requirements".
      Subsec. (c)(2). Pub. L. 108-136, Sec. 2801(b), inserted before
    period at end ", without regard to the duration of operational
    control".
      Subsec. (c)(4). Pub. L. 108-136, Sec. 1043(b)(16), substituted
    "the congressional defense committees" for "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".
      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.

-End-



-CITE-
    10 USC Sec. 2802                                            01/03/2007

-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, as amended by Pub. L. 108-136, div. A, title X,
    Sec. 1031(c)(2), Nov. 24, 2003, 117 Stat. 1604, provided that:
      "(a) Requirement. - Not later than 30 days after the date on
    which a decision is made selecting the site or sites for the
    permanent basing of a new weapon system, the Secretary of Defense
    shall submit to Congress 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]."

-End-



-CITE-
    10 USC Sec. 2803                                            01/03/2007

-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 or, if earlier, the end
    of the seven-day period beginning on the date on which a copy of
    the notification is provided in an electronic medium pursuant to
    section 480 of this title.
      (c)(1) The maximum amount that the Secretary concerned may
    obligate in any fiscal year under this section is $50,000,000.
      (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, Secs. 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; Pub. L. 108-136,
    div. A, title X, Sec. 1031(a)(34), div. B, title XXVIII, Sec. 2802,
    Nov. 24, 2003, 117 Stat. 1600, 1719; Pub. L. 109-364, div. B, title
    XXVIII, Sec. 2801, Oct. 17, 2006, 120 Stat. 2466.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(1). Pub. L. 109-364 substituted "$50,000,000"
    for "$45,000,000".
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 1031(a)(34), inserted
    before period at end "or, if earlier, the end of the seven-day
    period beginning on the date on which a copy of the notification is
    provided in an electronic medium pursuant to section 480 of this
    title".
      Subsec. (c)(1). Pub. L. 108-136, Sec. 2802, substituted
    "$45,000,000" for "$30,000,000".
      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.

-End-



-CITE-
    10 USC Sec. 2804                                            01/03/2007

-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 14-day period beginning on the date the notification is
    received by such committees or, if earlier, the end of the seven-
    day period beginning on the date on which a copy of the
    notification is provided in an electronic medium pursuant to
    section 480 of this title.

-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; Pub. L. 108-136, div. A, title X, Sec.
    1031(a)(35), Nov. 24, 2003, 117 Stat. 1600; Pub. L. 109-163, div.
    B, title XXVIII, Sec. 2801(a), Jan. 6, 2006, 119 Stat. 3504.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-163 substituted "14-day period"
    for "21-day period" and "seven-day period" for "14-day period".
      2003 - Subsec. (b). Pub. L. 108-136 inserted before period at end
    "or, if earlier, the end of the 14-day period beginning on the date
    on which a copy of the notification is provided in an electronic
    medium pursuant to section 480 of this title".
      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.

-End-



-CITE-
    10 USC Sec. 2805                                            01/03/2007

-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 or, if earlier, the end of the 14-day period beginning
    on the date on which a copy of the notification is provided in an
    electronic medium pursuant to section 480 of this title.
      (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, Secs. 2807, 2870(4), Dec. 5, 1991,
    105 Stat. 1540, 1563; Pub. L. 104-106, div. B, title XXVIII, Secs.
    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; Pub. L. 108-136, div. A, title X, Sec.
    1031(a)(36), Nov. 24, 2003, 117 Stat. 1600.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(2). Pub. L. 108-136 inserted before period at
    end "or, if earlier, the end of the 14-day period beginning on the
    date on which a copy of the notification is provided in an
    electronic medium pursuant to section 480 of this title".
      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.

                       RELATION TO OTHER AUTHORITIES                   
      Pub. L. 108-136, div. B, title XXVIII, Sec. 2808(e), Nov. 24,
    2003, 117 Stat. 1724, provided that: "The temporary authority
    provided by this section [117 Stat. 1723], and the limited
    authority provided by section 2805(c) of title 10, United States
    Code, to use appropriated funds available for operation and
    maintenance to carry out a construction project are the only
    authorities available to the Secretary of Defense and the
    Secretaries of the military departments to use appropriated funds
    available for operation and maintenance to carry out construction
    projects."

       DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION DEMONSTRATION
                                  PROGRAM
      Pub. L. 104-106, div. B, title XXVIII, Sec. 2892, Feb. 10, 1996,
    110 Stat. 590, as amended by Pub. L. 105-261, div. B, title XXVIII,
    Sec. 2871, Oct. 17, 1998, 112 Stat. 2225; Pub. L. 108-375, div. B,
    title XXVIII, Sec. 2891, Oct. 28, 2004, 118 Stat. 2154, 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, 2005."

     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.

-End-



-CITE-
    10 USC Sec. 2806                                            01/03/2007

-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."


-MISC2-
                     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
    mate&233;riel 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.

-End-



-CITE-
    10 USC Sec. 2807                                            01/03/2007

-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 $1,000,000, the Secretary concerned
    shall notify the appropriate committees of Congress of the scope of
    the proposed project and the estimated cost of such services before
    the initial obligation of funds for such services. The Secretary
    may then obligate funds for such services only after the end of the
    21-day period beginning on the date on which the notification is
    received by the committees or, if earlier, the end of the 14-day
    period beginning on the date on which a copy of the report is
    provided in an electronic medium pursuant to section 480 of this
    title.
      (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 or,
    if over sooner, a period of 14 days has elapsed from the date on
    which a copy of the report is provided in an electronic medium
    pursuant to section 480 of this title.
      (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, Secs. 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; Pub. L. 108-136, div. A, title X, Sec. 1031(a)(37),
    Nov. 24, 2003, 117 Stat. 1601.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136, Sec. 1031(a)(37)(A),
    substituted "$1,000,000" for "$500,000", struck out "not less than
    21 days" after "of such services", and inserted last sentence.
      Subsec. (c)(2). Pub. L. 108-136, Sec. 1031(a)(37)(B), inserted
    before period at end "or, if over sooner, a period of 14 days has
    elapsed from the date on which a copy of the report is provided in
    an electronic medium pursuant to section 480 of this title".
      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.

-End-



-CITE-
    10 USC Sec. 2808                                            01/03/2007

-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.


-MISC1-
                             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-
                         EXECUTIVE ORDER NO. 12734                     
      Ex. Ord. No. 12734, Nov. 14, 1990, 55 F.R. 48099, which related
    to national emergency construction authority, was revoked by Ex.
    Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table
    under section 1701 of Title 50, War and National Defense.

       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.

-End-



-CITE-
    10 USC Sec. 2809                                            01/03/2007

-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 days has expired following the date on which
      the justification and the economic analysis are received by the
      committees or, if over sooner, a period of 14 days has expired
      following the date on which a copy of the justification and
      economic analysis are provided in an electronic medium pursuant
      to section 480 of this title.

-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; Pub. L. 108-136, div. A, title X, Sec.
    1031(a)(38), Nov. 24, 2003, 117 Stat. 1601.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (f)(2). Pub. L. 108-136 struck out "calendar"
    after "21" and inserted before period at end "or, if over sooner, a
    period of 14 days has expired following the date on which a copy of
    the justification and economic analysis are provided in an
    electronic medium pursuant to section 480 of this title".
      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.

-End-



-CITE-
    10 USC Sec. 2810                                            01/03/2007

-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.

-MISC1-
    [Sec. 2810. Repealed. Pub. L. 107-314, div. A, title III, Sec.
      313(b), Dec. 2, 2002, 116 Stat. 2507].
      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.

-End-



-CITE-
    10 USC Sec. 2811                                            01/03/2007

-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 $7,500,000 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 $7,500,000, 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, including, in the case of a
      multi-year repair project to a single facility, the total cost of
      all phases 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; Pub. L. 108-375, div. B, title XXVIII,
    Sec. 2801, Oct. 28, 2004, 118 Stat. 2119.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-375, Sec. 2801(a), substituted
    "$7,500,000" for "$5,000,000".
      Subsec. (d). Pub. L. 108-375, Sec. 2801(b), substituted
    "$7,500,000" for "$10,000,000" in introductory provisions.
      Subsec. (d)(1). Pub. L. 108-375, Sec. 2801(c), inserted before
    semicolon ", including, in the case of a multi-year repair project
    to a single facility, the total cost of all phases of the project".
      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."

-End-



-CITE-
    10 USC Sec. 2812                                            01/03/2007

-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 or, if over sooner, a period of 14 days has expired
      following the date on which a copy of the justification and
      economic analysis are provided in an electronic medium pursuant
      to section 480 of this title.

      (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; Pub. L. 108-136,
    div. A, title X, Sec. 1031(a)(39), Nov. 24, 2003, 117 Stat. 1601.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c)(1)(B). Pub. L. 108-136 inserted before period
    at end "or, if over sooner, a period of 14 days has expired
    following the date on which a copy of the justification and
    economic analysis are provided in an electronic medium pursuant to
    section 480 of this title".
      1990 - Subsec. (a)(2)(I). Pub. L. 101-510 added subpar. (I).

-End-



-CITE-
    10 USC Sec. 2813                                            01/03/2007

-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 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. After the notification is transmitted,
    the Secretary may then enter into the contract only after the end
    of the 21-day period beginning on the date on which the
    notification is received by the committees or, if earlier, the end
    of the 14-day period beginning on the date on which a copy of the
    report is provided in an electronic medium pursuant to section 480
    of this title.

-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; Pub. L. 108-
    136, div. A, title X, Sec. 1031(a)(40), Nov. 24, 2003, 117 Stat.
    1601; Pub. L. 109-163, div. B, title XXVIII, Sec. 2801(b), Jan. 6,
    2006, 119 Stat. 3504.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c). Pub. L. 109-163 substituted "21-day period"
    for "30-day period" and "14-day period" for "21-day period".
      2003 - Subsec. (c). Pub. L. 108-136 struck out "the end of the 30-
    day period beginning on the date" after "until" and inserted last
    sentence.
      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]."

-End-



-CITE-
    10 USC Sec. 2814                                            01/03/2007

-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.


-MISC1-
                                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".

-End-



-CITE-
    10 USC Sec. 2815                                            01/03/2007

-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".

-End-


-CITE-
    10 USC SUBCHAPTER II - MILITARY FAMILY HOUSING              01/03/2007

-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.      Repealed.]                                            
    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                            
      2006 - Pub. L. 109-364, div. B, title XXVIII, Sec. 2803(b), Oct.
    17, 2006, 120 Stat. 2467, struck out item 2823 "Determination of
    availability of suitable alternative housing for acquisition in
    lieu of construction of new family housing".
      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, Secs. 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, Secs. 804(b)(2), 808(b), Dec.
    3, 1985, 99 Stat. 987, 989, added items 2833 and 2834.

-End-



-CITE-
    10 USC Sec. 2821                                            01/03/2007

-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. 109-114, title I, Sec. 124, Nov. 30, 2005, 119 Stat.
    2380, as amended by Pub. L. 109-148, div. B, title V, Sec. 5013,
    Dec. 30, 2005, 119 Stat. 2815, provided that: "Notwithstanding this
    or any other provision of law, funds made available in this title
    [see Tables for classification] for operation 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 prior notification
    to the Committees on Appropriations of both Houses 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 of both Houses of Congress all
    operation and maintenance expenditures for each individual general
    or flag officer quarters for the prior fiscal year: Provided
    further, That nothing in this section precludes the Secretary of a
    military department, after notifying the congressional defense
    committees and waiting 21 days, from using funds derived under
    section 2601, chapter 403, chapter 603, or chapter 903 of title 10,
    United States Code, for the maintenance or repair of General and
    Flag Officer Quarters at the military service academy under the
    jurisdiction of that Secretary: Provided further, That each
    Secretary of a military department shall provide an annual report
    by February 15 to the congressional defense committees on the
    amount of funds that were derived under section 2601, chapter 403,
    chapter 603, or chapter 903 of title 10, United States Code in the
    previous year and were obligated for the construction, improvement,
    repair, or maintenance of any military facility or infrastructure."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-324, div. A, Sec. 124, Oct. 13, 2004, 118 Stat. 1228.
      Pub. L. 108-132, Sec. 125, Nov. 22, 2003, 117 Stat. 1382.
      Pub. L. 107-249, Sec. 127, Oct. 23, 2002, 116 Stat. 1586.
      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.

-End-



-CITE-
    10 USC Sec. 2822                                            01/03/2007

-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.
        (6) Housing units constructed or provided under section 2869 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;
    Pub. L. 108-136, div. B, title XXVIII, Sec. 2805(b), Nov. 24, 2003,
    117 Stat. 1721.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(6). Pub. L. 108-136 added par. (6).
      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.

-End-



-CITE-
    10 USC Sec. 2823                                            01/03/2007

-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. Repealed.

-MISC1-
    [Sec. 2823. Repealed. Pub. L. 109-364, div. B, title XXVIII, Sec.
      2803(a), Oct. 17, 2006, 120 Stat. 2467].
      Section, 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, related to determination of availability
    of suitable alternative housing for acquisition in lieu of
    construction of new family housing.

-End-



-CITE-
    10 USC Sec. 2824                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2825                                            01/03/2007

-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 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. If
    the Secretary concerned makes a determination under the preceding
    sentence with respect to an improvement, the waiver under that
    sentence with respect to that improvement may take effect only
    after the Secretary transmits a notice of the proposed waiver,
    together with an economic analysis demonstrating that the
    improvement will be cost effective, to the appropriate committees
    of Congress and a period of 21 days has elapsed after the date on
    which the notification is received by those committees or, if over
    sooner, a period of 14 days has elapsed after the date on which a
    copy of the notice is provided in an electronic medium pursuant to
    section 480 of this title.
      (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) or, if
      over sooner, a period of 14 days elapses after the date on which
      a copy of the notice is provided in an electronic medium pursuant
      to section 480 of this title.

      (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; Pub. L. 108-136, div. A, title X, Sec.
    1031(a)(41), Nov. 24, 2003, 117 Stat. 1601.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(1). Pub. L. 108-136, Sec. 1031(a)(41)(A),
    struck out "(i)" before "such Secretary determines" and substituted
    period and last sentence for ", 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.".
      Subsec. (c)(1)(D). Pub. L. 108-136, Sec. 1031(a)(41)(B), inserted
    before period at end "or, if over sooner, a period of 14 days
    elapses after the date on which a copy of the notice is provided in
    an electronic medium pursuant to section 480 of this title".
      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.

      PROVISION OF ADEQUATE STORAGE SPACE TO SECURE PERSONAL PROPERTY
             OUTSIDE OF ASSIGNED MILITARY FAMILY HOUSING UNIT
      Pub. L. 109-364, div. A, title III, Sec. 362, Oct. 17, 2006, 120
    Stat. 2167, provided that: "The Secretary of a military department
    shall ensure that a member of the Armed Forces under the
    jurisdiction of the Secretary who occupies a unit of military
    family housing is provided with adequate storage space to secure
    personal property that the member is unable to secure within the
    unit whenever - 
        "(1) the member is assigned to duty in an area for which
      special pay under section 310 of title 37, United States Code, is
      available and the assignment is pursuant to orders specifying an
      assignment of 180 days or more; and
        "(2) the dependents of the member who otherwise occupy the unit
      of military family housing are absent from the unit for more than
      30 consecutive days during the period of the assignment of the
      member."

     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.

-End-



-CITE-
    10 USC Sec. 2826                                            01/03/2007

-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, Secs. 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.

-End-



-CITE-
    10 USC Sec. 2827                                            01/03/2007

-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 or, if over
    sooner, a period of 14 days has elapsed after the date on which a
    copy of the notification is provided in an electronic medium
    pursuant to section 480 of this title.

-SOURCE-
    (Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 160;
    amended Pub. L. 108-136, div. A, title X, Sec. 1031(a)(42), Nov.
    24, 2003, 117 Stat. 1602.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(2). Pub. L. 108-136 inserted before period at
    end "or, if over sooner, a period of 14 days has elapsed after the
    date on which a copy of the notification is provided in an
    electronic medium pursuant to section 480 of this title".

                              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.

-End-



-CITE-
    10 USC Sec. 2828                                            01/03/2007

-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.
      (D) Until September 30, 2008, the Secretary of the Army may
    authorize family members of a member of the armed forces on active
    duty who is assigned to a family-member-restricted area and who,
    before such assignment, was occupying a housing unit leased under
    this paragraph, to remain in the leased housing unit until the
    member completes the assignment. Costs incurred for the leased
    housing unit during the assignment shall be included in the costs
    subject to the limitation under subparagraph (B).
      (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 10 years, or 15 years in the case of leases
    in Korea, 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
    2,800 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
    2,800 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, Secs. 801(b), 803,
    805, Dec. 3, 1985, 99 Stat. 985, 987, 988; Pub. L. 99-661, div. B,
    title VII, Secs. 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, Secs.
    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, Secs. 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; Pub. L. 108-136, div. B, title XXVIII, Secs.
    2803, 2804(a), Nov. 24, 2003, 117 Stat. 1719; Pub. L. 109-163, div.
    B, title XXVIII, Sec. 2802, Jan. 6, 2006, 119 Stat. 3505; Pub. L.
    109-364, div. B, title XXVIII, Sec. 2804, Oct. 17, 2006, 120 Stat.
    2467.)


-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                            
      2006 - Subsec. (b)(4)(D). Pub. L. 109-364 added subpar. (D).
      Subsec. (e)(4). Pub. L. 109-163 substituted "2,800" for "2,400".
      2003 - Subsec. (d)(1). Pub. L. 108-136, Sec. 2804(a), substituted
    "10 years, or 15 years in the case of leases in Korea," for "ten
    years,".
      Subsec. (e)(2). Pub. L. 108-136, Sec. 2803, substituted "2,800"
    for "2,000".
      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. 99-167, 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.

-End-



-CITE-
    10 USC Sec. 2829                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2830                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2831                                            01/03/2007

-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) Establishment. - 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) Credits to Account. - 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) Availability of Amounts in Account. - Amounts in the account
    shall remain available until spent.
      (d) Use of Account. - 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).
      (e) Reports on General Officers and Flag Officers Quarters. - (1)
    As part of the budget materials submitted to Congress in connection
    with the submission of the budget for a fiscal year pursuant to
    section 1105 of title 31, the Secretary of Defense shall submit a
    report - 
        (A) identifying each family housing unit used, or intended for
      use, as quarters for a general officer or flag officer for which
      the total operation, maintenance, and repair costs for the unit
      are anticipated to exceed $35,000 in the next fiscal year;
        (B) for each family housing unit identified under subparagraph
      (A), specifying the total of such anticipated operation,
      maintenance, and repair costs for the unit;
        (C) identifying each family housing unit in excess of 6,000
      square feet used, or intended for use, as quarters for a general
      officer or flag officer;
        (D) for each family housing unit identified under subparagraph
      (C), specifying any alternative and more efficient use to which
      the unit could be converted (which would include any costs
      necessary to convert the unit) and containing an explanation of
      the reasons why the unit is not being converted to the
      alternative use; and
        (E) for each family housing unit identified under subparagraph
      (C) for which costs under subparagraph (A) or new construction
      costs are anticipated to exceed $100,000 in the next fiscal year,
      specifying any alternative use to which the unit could be
      converted (which would include any costs necessary to convert the
      unit) and an estimate of the costs to demolish and rebuild the
      unit to private sector standards.

      (2) Not later than 120 days after the end of each fiscal year,
    the Secretary of Defense shall submit to the congressional defense
    committees a report specifying, for each family housing unit used
    as quarters for a general officer or flag officer at any time
    during that fiscal year, the total expenditures for operation and
    maintenance, utilities, lease, and repairs of the unit during that
    fiscal year.
      (f) Notice and Wait Requirement. - (1) Except as provided in
    paragraphs (2) and (3), the Secretary concerned may not carry out a
    maintenance or repair project for a family housing unit used, or
    intended for use, as quarters for a general officer or flag officer
    if the project will or may result in the total operation,
    maintenance, and repair costs for the unit for the fiscal year to
    exceed $35,000, until - 
        (A) the Secretary concerned submits to the congressional
      defense committees, in writing, a justification of the need for
      the maintenance or repair project and an estimate of the cost of
      the project; and
        (B) a period of 21 days has expired following the date on which
      the justification and estimate are received by the committees or,
      if over sooner, a period of 14 days has expired following the
      date on which a copy of the justification and estimate are
      provided in an electronic medium pursuant to section 480 of this
      title.

      (2) The project justification and cost estimate required by
    paragraph (1)(A) may be submitted after the commencement of a
    maintenance or repair project for a family housing unit used, or
    intended for use, as quarters for a general officer or flag officer
    if the project is a necessary environmental remediation project for
    the unit or is necessary for occupant safety or security, and the
    need for the project arose after the submission of the most recent
    report under subsection (e).
      (3) Paragraph (1) shall not apply in the case of a family housing
    unit used, or intended for use, as quarters for a general officer
    or flag officer if the unit was identified in the most recent
    report submitted under subsection (e) and the cost of the
    maintenance or repair project was included in the total of
    anticipated operation, maintenance, and repair costs for the unit
    specified in the report.

-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; Pub. L. 108-375, div. B, title XXVIII, Sec. 2802(a), (b),
    Oct. 28, 2004, 118 Stat. 2119, 2120; Pub. L. 109-364, div. A, title
    X, Sec. 1071(a)(26), div. B, title XXVIII, Sec. 2805, Oct. 17,
    2006, 120 Stat. 2399, 2467.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (a) to (d). Pub. L. 109-364, Sec. 2805(b)(1)-(4),
    inserted subsec. headings.
      Subsec. (e). Pub. L. 109-364, Sec. 2805(b)(5), struck out "Cost
    of" before "General Officers" in heading.
      Subsec. (e)(1)(B). Pub. L. 109-364, Sec. 2805(a)(2)(A),
    substituted "identified under subparagraph (A)" for "so
    identified".
      Subsec. (e)(1)(C) to (E). Pub. L. 109-364, Sec. 2805(a)(1),
    (2)(B), (3), added subpars. (C) to (E).
      Subsec. (f)(2). Pub. L. 109-364, Sec. 1071(a)(26), substituted
    "environmental" for "enviromental".
      2004 - Subsecs. (e), (f). Pub. L. 108-375 added subsecs. (e) and
    (f).
      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.

-End-



-CITE-
    10 USC Sec. 2832                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2833                                            01/03/2007

-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.)

-End-



-CITE-
    10 USC Sec. 2834                                            01/03/2007

-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."

-End-



-CITE-
    10 USC Sec. 2835                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2836                                            01/03/2007

-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 days has expired following the date on which
      the economic analysis is received by those committees or, if over
      sooner, a period of 14 days has expired following the date on
      which a copy of the economic analysis is provided in an
      electronic medium pursuant to section 480 of this title.

      (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; Pub. L. 108-136, div. A,
    title X, Sec. 1031(a)(43), Nov. 24, 2003, 117 Stat. 1602.)

-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.


-MISC1-
                             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                            
      2003 - Subsec. (f)(2). Pub. L. 108-136 substituted "21 days" for
    "21 calendar days" and inserted before period at end "or, if over
    sooner, a period of 14 days has expired following the date on which
    a copy of the economic analysis is provided in an electronic medium
    pursuant to section 480 of this title".
      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."

-End-



-CITE-
    10 USC Sec. 2837                                            01/03/2007

-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 or, if earlier, the end of the 14-day
    period beginning on the date on which a copy of the report is
    provided in an electronic medium pursuant to section 480 of this
    title.
      (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;
    Pub. L. 108-136, div. A, title X, Sec. 1031(a)(44), Nov. 24, 2003,
    117 Stat. 1602.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c)(2). Pub. L. 108-136 inserted before period at
    end "or, if earlier, the end of the 14-day period beginning on the
    date on which a copy of the report is provided in an electronic
    medium pursuant to section 480 of this title".
      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).

-End-


-CITE-
    10 USC SUBCHAPTER III - ADMINISTRATION OF MILITARY
           CONSTRUCTION AND MILITARY FAMILY HOUSING        01/03/2007

-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 and scope of work 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.       Military unaccompanied housing: local comparability of
                 floor areas.                                         
    [2857.      Renumbered.]                                          
    2858.       Limitation on the use of funds for expediting a
                 construction project.                                
    2859.       Construction requirements related to antiterrorism and
                 force protection or urban-training operations.       
    2860.       Availability of appropriations.                       
    2861.       Military construction projects in connection with
                 industrial facility investment program.              
    2862.       Turn-key selection procedures.                        
    2863.       Payment of contractor claims.                         
    [2864, 2865. Repealed.]                                           
    2866.       Water conservation at military installations.         
    [2867.      Renumbered.]                                          
    2868.       Utility services: furnishing for certain buildings.   
    2869.       Conveyance of property at military installations to
                 support military construction or limit encroachment. 

                                AMENDMENTS                            
      2006 - Pub. L. 109-364, div. B, title XXVIII, Secs. 2807(a)(2),
    2808(b)(2), 2809(b), 2810(b), 2811(f)(2), 2851(c)(4), Oct. 17,
    2006, 120 Stat. 2468-2471, 2473, 2495, added item 2861, inserted
    "or urban-training operations" after "force protection" in item
    2859, substituted "Military unaccompanied housing: local
    comparability of floor areas" for "Limitations on barracks space by
    pay grade" in item 2856 and "to support military construction or
    limit encroachment" for "closed or realigned to support military
    construction" in item 2869, and struck out items 2857 "Use of
    renewable forms of energy in new facilities", 2864 "Military
    construction contracts on Guam", 2865 "Energy savings at military
    installations", and 2867 "Sale of electricity from alternate energy
    and cogeneration production facilities".
      Pub. L. 109-163, div. B, title XXVIII, Sec. 2804(c)(2), Jan. 6,
    2006, 119 Stat. 3507, substituted "Authorized cost and scope of
    work variations" for "Authorized cost variations" in item 2853.
      Pub. L. 108-375, div. B, title XXVIII, Sec. 2804(a)(2), Oct. 28,
    2004, 118 Stat. 2122, added item 2859.
      2003 - Pub. L. 108-136, div. A, title X, Sec. 1044(b)(2), div. B,
    title XXVIII, Sec. 2805(a)(2), Nov. 24, 2003, 117 Stat. 1612, 1721,
    struck out item 2859 "Transmission of annual military construction
    authorization request" and added item 2869.
      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.

-End-



-CITE-
    10 USC Sec. 2851                                            01/03/2007

-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) Supervision of Military Department Projects. - 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) Supervision of Defense Agency Projects. - 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.
      (c) Maintenance of Military Construction Information on Internet;
    Access. - (1) The Secretary of Defense shall maintain an Internet
    site that, when activated by a person authorized under paragraph
    (3), will permit the person to access and view on a separate page
    of the Internet site a document or other file containing the
    information required by paragraph (2) for the following:
        (A) Each military construction project or military family
      housing project that has been specifically authorized by Act of
      Congress.
        (B) Each project carried out with funds authorized for the
      operation and maintenance of military family housing.
        (C) Each project carried out with funds authorized for the
      improvement of military family housing units.
        (D) Each unspecified minor construction project carried out
      under the authority of section 2805(a) of this title.
        (E) Each military construction project or military family
      housing project regarding which a statutory requirement exists to
      notify Congress.

      (2) The information to be provided via the Internet site required
    by paragraph (1) for each project described in such paragraph shall
    include the following:
        (A) The solicitation date and award date (or anticipated dates)
      for each contract entered into (or to be entered into) by the
      United States in connection with the project.
        (B) The contract recipient, contract award amount, construction
      milestone schedule proposed by the contractor, and construction
      completion date stipulated in the awarded contract.
        (C) The most current Department of Defense Form 1391, Military
      Construction Project Data, for the project.
        (D) The progress of the project, including the percentage of
      construction currently completed and the current estimated
      construction completion date.
        (E) The current contract obligation of funds for the project,
      including any changes to the original contract award amount.
        (F) The estimated final cost of the project and, if the
      estimated final cost of the project exceeds the amount
      appropriated for the project and funds have been provided from
      another source to meet the increased cost, the source of the
      funds and the amount provided.
        (G) If funds appropriated for the project have been diverted
      for use in another project, the project to which the funds were
      diverted and the amount so diverted.
        (H) For accounts such as planning and design, unspecified minor
      construction, and family housing operation and maintenance,
      detailed information regarding expenditures and anticipated
      expenditures under these accounts and the purposes for which the
      expenditures are made.

      (3) Access to the Internet site required by paragraph (1) shall
    be restricted to the following persons:
        (A) Members of the congressional defense committees and their
      staff.
        (B) Staff of the congressional defense committees.

      (4) The information required to be provided for each project
    described in paragraph (1) shall be made available to the persons
    referred to in paragraph (3) not later than 90 days after the award
    of a contract or delivery order for the project. The Secretary of
    Defense shall update the required information as promptly as
    practicable, but not less frequently than once a month, to ensure
    that the information is available to such persons in a timely
    manner.

-SOURCE-
    (Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 163;
    amended Pub. L. 109-163, div. B, title XXVIII, Sec. 2803(a), (c),
    Jan. 6, 2006, 119 Stat. 3505, 3506.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (a), (b). Pub. L. 109-163, Sec. 2803(c), inserted
    headings.
      Subsec. (c). Pub. L. 109-163, Sec. 2803(a), added subsec. (c).

                              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.

                      IMPLEMENTATION OF INTERNET SITE                  
      Pub. L. 109-163, div. B, title XXVIII, Sec. 2803(b), Jan. 6,
    2006, 119 Stat. 3506, provided that: "The Internet site required by
    subsection (c) of section 2851 of title 10, United States Code, as
    added by subsection (a), shall be available to the persons referred
    to in paragraph (3) of such subsection not later than July 15,
    2006."

    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."

-End-



-CITE-
    10 USC Sec. 2852                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2853                                            01/03/2007

-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 and scope of work 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 or decreased 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 revised 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 variations in subsection (a) or the
    limitation on scope reduction in subsection (b) does not apply if
    the variation in cost or reduction in the scope of work is approved
    by the Secretary concerned and - 
        (1) in the case of a cost increase or a reduction in the scope
      of work - 
          (A) the Secretary concerned notifies the appropriate
        committees of Congress in writing of the cost increase or
        reduction in scope and the reasons therefor, including a
        description of the funds proposed to be used to finance any
        increased costs; and
          (B) a period of 21 days has elapsed after the date on which
        the notification is received by the committees or, if over
        sooner, a period of 14 days has elapsed after the date on which
        a copy of the notification is provided in an electronic medium
        pursuant to section 480 of this title; or

        (2) in the case of a cost decrease, the Secretary concerned
      notifies the appropriate committees of Congress in writing not
      later than 14 days after the date funds are obligated in
      connection with the military construction project or military
      family housing project.

      (d) The limitation on cost variations 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, Secs. 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; Pub. L. 108-375, div. B, title XXVIII, Sec. 2803, Oct.
    28, 2004, 118 Stat. 2121; Pub. L. 109-163, div. B, title XXVIII,
    Sec. 2804(a)-(c)(1), Jan. 6, 2006, 119 Stat. 3506; Pub. L. 109-364,
    div. B, title XXVIII, Sec. 2806, Oct. 17, 2006, 120 Stat. 2468.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-163, Sec. 2804(c)(1), substituted "Authorized
    cost and scope of work variations" for "Authorized cost variations"
    in section catchline.
      Subsec. (a). Pub. L. 109-163, Sec. 2804(a)(1), substituted "may
    be increased or decreased by not more than 25 percent" for "may be
    increased by not more than 25 percent" and "if the Secretary
    concerned determines that such revised cost is required" for "if
    the Secretary concerned determines that such an increase in cost is
    required".
      Subsec. (c). Pub. L. 109-364 substituted "if the variation in
    cost or reduction in the scope of work is approved by the Secretary
    concerned and - " for "if - " in introductory provisions, added
    pars. (1) and (2), and struck out former pars. (1) to (3) which
    read as follows:
      "(1) the variation 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 variation or reduction and the
    reasons therefor, including a description of the funds proposed to
    be used to finance any increased costs; and
      "(3) a period of 21 days has elapsed after the date on which the
    notification is received by the committees or, if over sooner, a
    period of 14 days has elapsed after the date on which a copy of the
    notification is provided in an electronic medium pursuant to
    section 480 of this title."
      Pub. L. 109-163, Sec. 2804(a)(2), (b), substituted "limitation on
    cost variations" for "limitation on cost increase" in introductory
    provisions, "the variation" for "the increase" in pars. (1) and
    (2), and inserted ", including a description of the funds proposed
    to be used to finance any increased costs" after "the reasons
    therefor" in par. (2).
      Subsec. (d). Pub. L. 109-163, Sec. 2804(a)(3), substituted
    "limitation on cost variations" for "limitation on cost increases"
    in introductory provisions.
      2004 - Subsec. (c)(3). Pub. L. 108-375 inserted before period at
    end "or, if over sooner, a period of 14 days has elapsed after the
    date on which a copy of the notification is provided in an
    electronic medium pursuant to section 480 of this title".
      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.

-End-



-CITE-
    10 USC Sec. 2854                                            01/03/2007

-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 or, if
    earlier, the end of the seven-day period beginning on the date on
    which a copy of the notification is provided in an electronic
    medium pursuant to section 480 of this title.

-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; Pub. L. 108-136, div. A, title X, Sec.
    1031(a)(45), Nov. 24, 2003, 117 Stat. 1602.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b). Pub. L. 108-136 inserted before period at end
    "or, if earlier, the end of the seven-day period beginning on the
    date on which a copy of the notification is provided in an
    electronic medium pursuant to section 480 of this title".
      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.

-End-



-CITE-
    10 USC Sec. 2854a                                           01/03/2007

-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 days has elapsed after the date on which the
      justification is received by the committees or, if over sooner, a
      period of 14 days has elapsed after the date on which a copy of
      the justification is provided in an electronic medium pursuant to
      section 480 of this title.

      (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; Pub. L. 108-136, div.
    A, title X, Sec. 1031(a)(46), Nov. 24, 2003, 117 Stat. 1602.)

-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.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c)(2). Pub. L. 108-136 struck out "calendar"
    after "21" and inserted before period at end "or, if over sooner, a
    period of 14 days has elapsed after the date on which a copy of the
    justification is provided in an electronic medium pursuant to
    section 480 of this title".
      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".

-End-



-CITE-
    10 USC Sec. 2855                                            01/03/2007

-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 $300,000.
    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; Pub. L. 108-136, div. A, title XIV, Sec. 1427(a), Nov.
    24, 2003, 117 Stat. 1670.)

-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.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(2). Pub. L. 108-136 substituted "$300,000" for
    "$85,000".
      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.

-End-



-CITE-
    10 USC Sec. 2856                                            01/03/2007

-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. Military unaccompanied housing: local comparability of
      floor areas

-STATUTE-
      In the construction, acquisition, and improvement of military
    unaccompanied housing, the Secretary concerned shall ensure that
    the floor areas of such housing in a particular locality (as
    designated by the Secretary concerned for purposes of this section)
    do not exceed the floor areas of similar housing in the private
    sector in that locality.

-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; Pub. L. 109-364, div. B, title XXVIII, Sec.
    2807(a)(1), Oct. 17, 2006, 120 Stat. 2468.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-364 amended section catchline and text
    generally. Prior to amendment, text read as follows: "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."
      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.

-End-



-CITE-
    10 USC Sec. 2857                                            01/03/2007

-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. Renumbered Sec. 2915]
-STATUTE-


-End-



-CITE-
    10 USC Sec. 2858                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2859                                            01/03/2007

-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. Construction requirements related to antiterrorism and
      force protection or urban-training operations

-STATUTE-
      (a) Antiterrorism and Force Protection Guidance and Criteria. -
    The Secretary of Defense shall develop common guidance and criteria
    to be used by each Secretary concerned - 
        (1) to assess the vulnerability of military installations
      located inside and outside of the United States to terrorist
      attack;
        (2) to develop construction standards designed to reduce the
      vulnerability of structures to terrorist attack and improve the
      security of the occupants of such structures;
        (3) to prepare and carry out military construction projects,
      such as gate and fenceline construction, to improve the physical
      security of military installations; and
        (4) to assist in prioritizing such projects within the military
      construction budget of each of the armed forces.

      (b) Vulnerability Assessments. - The Secretary of Defense shall
    require vulnerability assessments of military installations to be
    conducted, at regular intervals, using the criteria developed under
    subsection (a).
      (c) Military Construction Requirements. - As part of the budget
    materials submitted to Congress in connection with the submission
    of the budget for a fiscal year pursuant to section 1105 of title
    31, but in no case later than March 15 of each year, the Secretary
    of Defense shall submit a report, in both classified and
    unclassified form, describing - 
        (1) the location and results of the vulnerability assessments
      conducted under subsection (b) during the most recently completed
      fiscal year;
        (2) the military construction requirements anticipated to be
      necessary during the period covered by the then-current future-
      years defense plan under section 221 of this title to improve
      the physical security of military installations; and
        (3) the extent to which funds to meet those requirements are
      not requested in the Department of Defense budget for the fiscal
      year for which the budget is submitted.

      (d) Certification Required for Military Construction Projects
    Designed to Provide Training in Urban Operations. - (1) Except as
    provided in paragraph (3), the Secretary concerned may not carry
    out a military construction project to construct a facility
    designed to provide training in urban operations for members of the
    armed forces or personnel of the Department of Defense or other
    Federal agencies until - 
        (A) the Secretary of Defense approves a strategy for training
      and facility construction for operations in urban terrain; and
        (B) the Under Secretary of Defense for Personnel and Readiness
      evaluates the project and certifies to the appropriate committees
      of Congress that the project - 
          (i) is consistent with the strategy; and
          (ii) incorporates the appropriate capabilities for joint and
        interagency use in accordance with the strategy.

      (2) The Under Secretary of Defense for Personnel and Readiness
    shall conduct the evaluation required by paragraph (1)(B) in
    consultation with the Commander of the United States Joint Forces
    Command.
      (3) This subsection shall not apply with respect to a military
    construction project carried out under the authority of section
    2803, 2804, or 2808 of this title or section 2808 of the Military
    Construction Authorization Act for Fiscal Year 2004 (division B of
    Public Law 108-136; 117 Stat. 1723).

-SOURCE-
    (Added Pub. L. 108-375, div. B, title XXVIII, Sec. 2804(a)(1), Oct.
    28, 2004, 118 Stat. 2121; amended Pub. L. 109-364, div. B, title
    XXVIII, Sec. 2808(a), (b)(1), Oct. 17, 2006, 120 Stat. 2469.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2808 of the Military Construction Authorization Act for
    Fiscal Year 2004, referred to in subsec. (d)(3), is section 2808 of
    title XXVIII of div. B of Pub. L. 108-136, Nov. 24, 2003, 117 Stat.
    1723, which is not classified to the Code except for section
    2808(e), which is set out as a note under section 2805 of this
    title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2859, 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, provided for transmission of annual military
    construction authorization request, prior to repeal by Pub. L. 108-
    136, div. A, title X, Sec. 1044(b)(1), Nov. 24, 2003, 117 Stat.
    1612.

                                AMENDMENTS                            
      2006 - Pub. L. 109-364, Sec. 2808(b)(1), inserted "or urban-
    training operations" after "force protection" in section
    catchline.
      Subsec. (d). Pub. L. 109-364, Sec. 2808(a), added subsec. (d).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-364, div. B, title XXVIII, Sec. 2808(c), Oct. 17,
    2006, 120 Stat. 2470, provided that: "Subsection (d) of section
    2859 of title 10, United States Code, as added by subsection (a),
    shall apply with respect to military construction projects
    described in such subsection (d) for which funds are first provided
    for fiscal year 2007 or thereafter."

                    SPECIAL REQUIREMENT FOR 2006 REPORT                
      Pub. L. 108-375, div. B, title XXVIII, Sec. 2804(b), Oct. 28,
    2004, 118 Stat. 2122, provided that: "In the case of the report
    required to be submitted in 2006 under section 2859(c) of title 10,
    United States Code, as added by subsection (a), the Secretary of
    Defense shall include a certification by the Secretary that since
    September 11, 2001, assessments regarding the vulnerability of
    military installations to terrorist attack have been undertaken for
    all major military installations. The Secretary shall indicate the
    basis by which the Secretary differentiated between major and
    nonmajor military installations for purposes of making the
    certification."

-End-



-CITE-
    10 USC Sec. 2860                                            01/03/2007

-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. 109-114, title I, Sec. 117, Nov. 30, 2005, 119 Stat.
    2378, provided that: "Notwithstanding any other provision of law,
    any funds made available 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 made available, 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. 108-324, div. A, Sec. 117, Oct. 13, 2004, 118 Stat. 1227.
      Pub. L. 108-132, Sec. 117, Nov. 22, 2003, 117 Stat. 1380.
      Pub. L. 107-249, Sec. 117, Oct. 23, 2002, 116 Stat. 1583.
      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. 108-132, Sec. 118, Nov. 22, 2003, 117 Stat. 1380,
    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. 107-249, Sec. 118, Oct. 23, 2002, 116 Stat. 1584.
      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."

-End-



-CITE-
    10 USC Sec. 2861                                            01/03/2007

-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. Military construction projects in connection with
      industrial facility investment program

-STATUTE-
      (a) Authority. - The Secretary of Defense may carry out a
    military construction project, not previously authorized, for the
    purpose of carrying out activities under section 2474(a)(2) of this
    title, using funds appropriated or otherwise made available for
    that purpose in military construction accounts.
      (b) Crediting of Funds to Capital Budget. - Funds appropriated or
    otherwise made available in a fiscal year for the purpose of
    carrying out a military construction project with respect to a
    covered depot (as defined in subsection (e) of section 2476 of this
    title) may be credited to the amount required by subsection (a) of
    such section to be invested in the capital budgets of the covered
    depots in that fiscal year.
      (c) Notice and Wait Requirement. - When a decision is made to
    carry out a project under subsection (a), the Secretary of Defense
    shall notify in writing the appropriate committees of Congress of
    that decision and the savings estimated to be realized from 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 or, if earlier, the end of the 14-day
    period beginning on the date on which a copy of the notification is
    provided in an electronic medium pursuant to section 480 of this
    title.
      (d) Annual Report. - Not later than December 31 of each year, the
    Secretary shall submit to Congress a report describing actions
    taken under this section and the savings realized from such actions
    during the fiscal year ending in the year in which the report is
    submitted.

-SOURCE-
    (Added Pub. L. 109-364, div. B, title XXVIII, Sec. 2809(a), Oct.
    17, 2006, 120 Stat. 2470.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2861, 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, prior to repeal by Pub. L. 107-107, div. B, title
    XXVIII, Sec. 2803(a), Dec. 28, 2001, 115 Stat. 1305.

-End-



-CITE-
    10 USC Sec. 2862                                            01/03/2007

-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."

-End-



-CITE-
    10 USC Sec. 2863                                            01/03/2007

-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.)

-End-



-CITE-
    10 USC Secs. 2864, 2865                                     01/03/2007

-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-
    Secs. 2864, 2865. Repealed.

-MISC1-
    [Secs. 2864, 2865. Repealed. Pub. L. 109-364, div. B, title XXVIII,
      Secs. 2810(a), 2851(a)(2), Oct. 17, 2006, 120 Stat. 2470, 2494].
      Section 2864, 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,
    related to military construction contracts on Guam.
      Section 2865, 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; Pub. L. 108-136, div. A, title X,
    Sec. 1031(a)(47), div. B, title XXVIII, Sec. 2812(a), Nov. 24,
    2003, 117 Stat. 1602, 1725, related to energy savings at military
    installations. See sections 2911 to 2914 and 2925 of this title.

-End-



-CITE-
    10 USC Sec. 2866                                            01/03/2007

-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 from utilities for management of
    water demand or water conservation under subsection (a)(2) 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.
      (2) Water cost savings realized under subsection (a)(3) shall be
    used as follows:
        (A) One-half of the amount shall be used 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
      water cost savings.
        (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) The Secretary of Defense shall include in the budget material
    submitted to Congress in connection with the submission of the
    budget for a fiscal year pursuant to section 1105 of title 31 a
    separate statement of the amounts available for obligation under
    this subsection in that fiscal year.
      (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 or, if earlier, the end of the 14-day period beginning
    on the date on which a copy of the notification is provided in an
    electronic medium pursuant to section 480 of this title.

-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;
    Pub. L. 108-136, div. A, title X, Sec. 1031(a)(48), Nov. 24, 2003,
    117 Stat. 1602; Pub. L. 109-364, div. B, title XXVIII, Sec.
    2851(d), Oct. 17, 2006, 120 Stat. 2495.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-364 reenacted heading without
    change and amended text generally. Prior to amendment, text read as
    follows:
      "(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."
      2003 - Subsec. (c)(2). Pub. L. 108-136 inserted before period at
    end "or, if earlier, the end of the 14-day period beginning on the
    date on which a copy of the notification is provided in an
    electronic medium pursuant to section 480 of this title".
      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".

-End-



-CITE-
    10 USC Sec. 2867                                            01/03/2007

-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. Renumbered Sec. 2916]
-STATUTE-


-End-



-CITE-
    10 USC Sec. 2868                                            01/03/2007

-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 buildings constructed at private cost, as
    authorized by law.

-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; amended Pub. L. 108-
    375, div. A, title VI, Sec. 651(e)(2), Oct. 28, 2004, 118 Stat.
    1972.)


-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                            
      2004 - Pub. L. 108-375 substituted "for buildings constructed at
    private cost, as authorized by law." for "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."
      1997 - Pub. L. 105-85 renumbered section 2490 of this title as
    this section.

-End-



-CITE-
    10 USC Sec. 2869                                            01/03/2007

-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. 2869. Conveyance of property at military installations to
      support military construction or limit encroachment

-STATUTE-
      (a) Conveyance Authorized; Consideration. - (1) The Secretary
    concerned may enter into an agreement to convey real property,
    including any improvements thereon, described in paragraph (2) to
    any person who agrees, in exchange for the real property - 
        (A) to carry out a military construction project or land
      acquisition, including the acquisition of all right, title, and
      interest or a lesser interest in real property under an agreement
      entered into under section 2684a of this title to limit
      encroachments and other constraints on military training,
      testing, and operations; or
        (B) to transfer to the Secretary concerned housing that is
      constructed or provided by the person and located at or near a
      military installation at which there is a shortage of suitable
      military family housing, military unaccompanied housing, or both.

      (2) Paragraph (1) applies with respect to real property under the
    jurisdiction of the Secretary concerned that - 
        (A) is located on a military installation that is closed or
      realigned under a base closure law; or
        (B) is located on a military installation not covered by
      subparagraph (A) and is determined to be excess to the needs of
      the Department of Defense.

      (3) Subparagraph (B) of paragraph (2) shall apply only during the
    period beginning on the date of the enactment of the John Warner
    National Defense Authorization Act for Fiscal Year 2007 and ending
    on September 30, 2008. Any conveyance of real property described in
    such subparagraph for which the Secretary concerned has provided
    the advance public notice required by subsection (d)(1) before the
    expiration date may be completed after that date.
      (b) Conditions on Conveyance Authority. - The fair market value
    of the military construction, military family housing, or military
    unaccompanied housing to be obtained by the Secretary concerned
    under subsection (a) in exchange for the conveyance of real
    property by the Secretary under such subsection shall be at least
    equal to the fair market value of the conveyed real property, as
    determined by the Secretary. If the fair market value of the
    military construction, military family housing, or military
    unaccompanied housing is less than the fair market value of the
    real property to be conveyed, the recipient of the property shall
    pay to the United States an amount equal to the difference in the
    fair market values.
      (c) Pilot Program for Use of Authority. - (1) To the maximum
    extent practicable, the Secretary of each military department shall
    use the conveyance authority provided by subsection (a) at least
    once before December 31, 2004, for the purposes specified in such
    subsection.
      (2) The value of the consideration received by the Secretary
    concerned in a conveyance carried out under this subsection shall
    not be less than $1,000,000.
      (3) In the case of the report required under subsection (f) to be
    submitted in 2005, the Secretary of Defense shall include the
    following:
        (A) A description of the conveyances carried out or proposed
      under this subsection.
        (B) A description of the procedures utilized to enter into any
      agreements for the conveyance of property under this subsection.
        (C) An assessment of the utility of such procedures for the
      disposal of property at military installations closed or
      realigned under the base closure laws, and for securing services
      described in subsection (a), including an assessment of any time
      saved and cost-savings achieved as a result of the use of the
      conveyance authority provided by this section.
        (D) An assessment of private sector interest in the use of the
      conveyance authority provided by this section.
        (E) A description of the projects for which the Secretary
      concerned considered using the conveyance authority provided by
      this section, but did not do so, and an explanation of the
      decision.

      (d) Advance Notice of Use of Authority. - (1) Notice of the
    proposed use of the conveyance authority provided by subsection (a)
    shall be provided in such manner as the Secretary of Defense may
    prescribe, including publication in the Federal Register and
    otherwise. When real property located at a military installation is
    proposed for conveyance by means of a public sale, the Secretary
    concerned may notify prospective purchasers that consideration for
    the property may be provided in the manner authorized by such
    subsection.
      (2) The Secretary concerned may not enter into an agreement under
    subsection (a) for the conveyance of real property until - 
        (A) the Secretary submits to Congress notice of the conveyance,
      including - 
          (i) a description of the real property to be conveyed by the
        Secretary under the agreement;
          (ii) a description of the military construction project, land
        acquisition, military family housing, or military unaccompanied
        housing to be carried out under the agreement in exchange for
        the conveyance of the property; and
          (iii) the amount of any payment to be made under subsection
        (b) or under section 2684a(d) of this title to equalize the
        fair market values of the property to be conveyed and the
        military construction project, land acquisition, military
        family housing, or military unaccompanied housing to be carried
        out under the agreement in exchange for the conveyance of the
        property; and

        (B) the waiting period applicable to that notice under
      paragraph (3) expires.

      (3) If the notice submitted under paragraph (2) deals with the
    conveyance of real property located on a military installation that
    is closed or realigned under a base closure law or the conveyance
    of real property under an agreement entered into under section
    2684a of this title, the Secretary concerned may enter into the
    agreement under subsection (a) for the conveyance of the property
    after a period of 21 days has elapsed from the date of receipt of
    the notice or, if over sooner, a period of 14 days has elapsed from
    the date on which a copy of the notice is provided in an electronic
    medium pursuant to section 480 of this title. In the case of other
    real property to be conveyed under subsection (a), the Secretary
    concerned may enter into the agreement only after a period of 60
    days has elapsed from the date of receipt of the notice or, if over
    sooner, a period of 45 days has elapsed from the date on which the
    electronic copy is provided.
      (e) Deposit and Use of Funds. - (1) Except as provided in
    paragraph (2), the Secretary concerned may deposit funds received
    under subsection (b) in the Department of Defense housing funds
    established under section 2883(a) of this title.
      (2) During the period specified in paragraph (3) of subsection
    (a), the Secretary concerned shall deposit funds received under
    subsection (b) in the appropriation "Foreign Currency Fluctuations,
    Construction, Defense".
      (3) The funds deposited under paragraph (2) shall be available,
    in such amounts as provided in appropriation Acts, for the purpose
    of paying increased costs of overseas military construction and
    family housing construction or improvement associated with
    unfavorable fluctuations in currency exchange rates. The use of
    such funds for this purpose does not relieve the Secretary
    concerned from the duty to provide advance notice to Congress under
    section 2853(c) of this title whenever the Secretary approves an
    increase in the cost of an overseas project under such section.
      (f) Annual Reports; Effect of Failure to Submit. - (1) Not later
    than March 15 of each year, the Secretary of Defense shall submit
    to Congress a report detailing the following:
        (A) The extent to which the Secretaries concerned used the
      authority provided by subsection (a) during the preceding fiscal
      year to convey real property in exchange for military
      construction and military housing, including the total value of
      the real property that was actually conveyed during such fiscal
      year using such authority and the total value of the military
      construction and military housing services obtained in exchange.
        (B) The plans for the use of such authority for the current
      fiscal year, the fiscal year covered by the budget, and the
      period covered by the current future-years defense program under
      section 221 of this title.
        (C) The current inventory of unconveyed lands at military
      installations closed or realigned under a base closure law and of
      excess real property at military installations.

      (2) If the report for a year is not submitted to Congress by the
    date specified in paragraph (1), the Secretary concerned may not
    enter into an agreement under subsection (a) after that date for
    the conveyance of real property until the date on which the report
    is finally submitted.
      (g) Description of Property. - The exact acreage and legal
    description of real property conveyed under subsection (a) shall be
    determined by surveys satisfactory to the Secretary concerned.
      (h) Additional Terms and Conditions. - The Secretary concerned
    may require such additional terms and conditions in connection with
    a conveyance under subsection (a) as the Secretary considers
    appropriate to protect the interests of the United States.

-SOURCE-
    (Added Pub. L. 108-136, div. B, title XXVIII, Sec. 2805(a)(1), Nov.
    24, 2003, 117 Stat. 1719; amended Pub. L. 109-364, div. B, title
    XXVIII, Sec. 2811(a)-(f)(1), Oct. 17, 2006, 120 Stat. 2471-2473.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the John Warner National Defense
    Authorization Act for Fiscal Year 2007, referred to in subsec.
    (a)(3), is the date of enactment of Pub. L. 109-364, which was
    approved Oct. 17, 2006.


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-364, Sec. 2811(f)(1), substituted "to support
    military construction or limit encroachment" for "closed or
    realigned to support military construction" in section catchline.
      Subsec. (a). Pub. L. 109-364, Sec. 2811(a), (b), designated
    existing provisions as par. (1), in introductory provisions
    substituted "described in paragraph (2)" for "located on a military
    installation that is closed or realigned under a base closure law",
    redesignated former pars. (1) and (2) as subpars. (A) and (B),
    respectively, in subpar. (A) substituted "land acquisition,
    including the acquisition of all right, title, and interest or a
    lesser interest in real property under an agreement entered into
    under section 2684a of this title to limit encroachments and other
    constraints on military training, testing, and operations" for
    "land acquisition", and added pars. (2) and (3).
      Subsec. (d)(1). Pub. L. 109-364, Sec. 2811(c)(1), substituted "is
    proposed for conveyance" for "closed or realigned under the base
    closure laws is to be conveyed".
      Subsec. (d)(2), (3). Pub. L. 109-364, Sec. 2811(c)(2), added
    pars. (2) and (3) and struck out former par. (2) which read as
    follows: "The Secretary concerned may not enter into an agreement
    under subsection (a) for the conveyance of real property until - 
        "(A) the Secretary submits to Congress notice of the
      conveyance, including the military construction activities,
      military family housing, or military unaccompanied housing to be
      obtained in exchange for the conveyance; and
        "(B) a period of 14 days expires beginning on the date on which
      the notice is submitted."
      Subsec. (e). Pub. L. 109-364, Sec. 2811(d), amended heading and
    text of subsec. (e) generally. Prior to amendment, text read as
    follows: "The Secretary concerned may deposit funds received under
    subsection (b) in the Department of Defense housing funds
    established under section 2883(a) of this title."
      Subsec. (f). Pub. L. 109-364, Sec. 2811(e), in heading
    substituted "Annual Reports; Effect of Failure to Submit" for
    "Annual Report", designated existing provisions as par. (1), in
    introductory provisions substituted "Not later than March 15 of
    each year, the Secretary of Defense shall submit to Congress a
    report detailing the following:" for "In the budget materials
    submitted to Congress in connection with the submission of the
    budget for a fiscal year pursuant to section 1105 of title 31, the
    Secretary of Defense shall include a report detailing the
    following:", redesignated former pars. (1) to (3) as subpars. (A)
    to (C), respectively, in subpar. (C) inserted "and of excess real
    property at military installations" before period at end, and added
    par. (2).

-End-


-CITE-
    10 USC SUBCHAPTER IV - ALTERNATIVE AUTHORITY FOR
           ACQUISITION AND IMPROVEMENT OF MILITARY
           HOUSING                                         01/03/2007

-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.      Repealed.]                                            

                                AMENDMENTS                            
      2004 - Pub. L. 108-375, div. B, title XXVIII, Sec. 2805(b)(2),
    Oct. 28, 2004, 118 Stat. 2122, struck out item 2885 "Expiration of
    authority".
      2002 - Pub. L. 107-314, div. B, title XXVIII, Secs. 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".

-End-



-CITE-
    10 USC Sec. 2871                                            01/03/2007

-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, child development centers, tot lots,
      community centers, housing offices, dining facilities, unit
      offices, and other similar facilities for the support of military
      housing.
        (2) The term "child development center" includes a facility,
      and the utilities to support such facility, the function of which
      is to support the daily care of children aged six weeks old
      through five years old for full-day, part-day, and hourly
      service.
        (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; Pub. L. 108-136, div. A, title X, Sec. 1043(c)(6),
    Nov. 24, 2003, 117 Stat. 1612; Pub. L. 109-163, div. B, title
    XXVIII, Sec. 2805(b), Jan. 6, 2006, 119 Stat. 3507.)


-MISC1-
                                AMENDMENTS                            
      2006 - Par. (1). Pub. L. 109-163, Sec. 2805(b)(1), inserted
    "child development centers," after "day care centers,".
      Par. (2). Pub. L. 109-163, Sec. 2805(b)(2), added par. (2).
      2003 - Par. (2). Pub. L. 108-136 struck out par. (2) which read
    as follows: "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)."
      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".

-End-



-CITE-
    10 USC Sec. 2872                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2872a                                           01/03/2007

-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).

-End-



-CITE-
    10 USC Sec. 2873                                            01/03/2007

-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".

-End-



-CITE-
    10 USC Sec. 2874                                            01/03/2007

-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).

-End-



-CITE-
    10 USC Sec. 2875                                            01/03/2007

-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 or, if earlier, the end of the 14-day period beginning on
    the date on which a copy of the notice and justification is
    provided in an electronic medium pursuant to section 480 of this
    title.

-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; Pub. L. 108-136, div. A, title X, Sec. 1031(a)(50), Nov. 24,
    2003, 117 Stat. 1602.)


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (e). Pub. L. 108-136 inserted before period at end
    "or, if earlier, the end of the 14-day period beginning on the date
    on which a copy of the notice and justification is provided in an
    electronic medium pursuant to section 480 of this title".
      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).

-End-



-CITE-
    10 USC Sec. 2876                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2877                                            01/03/2007

-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".

-End-



-CITE-
    10 USC Sec. 2878                                            01/03/2007

-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.


-MISC1-
                                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".

-End-



-CITE-
    10 USC Sec. 2879                                            01/03/2007

-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.

-MISC1-
    [Sec. 2879. Repealed. Pub. L. 107-314, div. B, title XXVIII, Sec.
      2802(c)(1), Dec. 2, 2002, 116 Stat. 2703].
      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.

-End-



-CITE-
    10 USC Sec. 2880                                            01/03/2007

-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. -
    Sections 2826 and 2856 of this title shall not apply to military
    family housing or military unaccompanied housing units acquired or
    constructed under this subchapter.

-SOURCE-
    (Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1), Feb.
    10, 1996, 110 Stat. 548; amended Pub. L. 108-136, div. B, title
    XXVIII, Sec. 2806, Nov. 24, 2003, 117 Stat. 1722; Pub. L. 109-364,
    div. B, title XXVIII, Sec. 2807(b), Oct. 17, 2006, 120 Stat. 2469.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-364 substituted "Sections 2826
    and 2856" for "(1) Section 2826", inserted "or military
    unaccompanied housing" after "military family housing", and struck
    out par. (2) which read as follows: "The regulations prescribed
    under section 2856 of this title shall not apply to any military
    unaccompanied housing unit acquired or constructed under this
    subchapter."
      2003 - Subsec. (b)(2). Pub. L. 108-136 struck out "unless the
    unit is located on a military installation" before period at end.

-End-



-CITE-
    10 USC Sec. 2881                                            01/03/2007

-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 (other than a child development center) 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; Pub. L. 109-163,
    div. B, title XXVIII, Sec. 2805(a), Jan. 6, 2006, 119 Stat. 3507.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-163 inserted "(other than a child
    development center)" after "ancillary supporting facility" in
    introductory provisions.
      1999 - Pub. L. 106-65 designated existing provisions as subsec.
    (a), inserted heading, and added subsec. (b).

                      CONSTRUCTION OF 2006 AMENDMENT                  
      Pub. L. 109-163, div. B, title XXVIII, Sec. 2805(c), Jan. 6,
    2006, 119 Stat. 3507, provided that: "Nothing in the amendment made
    by subsection (a) [amending this section] may be construed to alter
    any law and regulation applicable to the operation of a child
    development center, as defined in section 2871(2) of title 10,
    United States Code."

-End-



-CITE-
    10 USC Sec. 2881a                                           01/03/2007

-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 30 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 30 days before the date on which the
    Secretary issues the contract solicitation or offers the conveyance
    or lease.
      (f) Expiration. - The authority of the Secretary of the Navy to
    enter into a contract under the pilot programs shall expire
    September 30, 2009.

-SOURCE-
    (Added Pub. L. 107-314, div. B, title XXVIII, Sec. 2803(a)(1), Dec.
    2, 2002, 116 Stat. 2703; amended Pub. L. 109-163, div. A, title X,
    Sec. 1056(c)(10), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 109-364,
    div. B, title XXVIII, Sec. 2812, Oct. 17, 2006, 120 Stat. 2473.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (d)(2), (e)(2). Pub. L. 109-364, Sec. 2812(a),
    substituted "30 days" for "90 days".
      Subsec. (f). Pub. L. 109-364, Sec. 2812(b), substituted "2009"
    for "2007".
      Pub. L. 109-163 substituted "The" for "Notwithstanding section
    2885 of this title, the".

-End-



-CITE-
    10 USC Sec. 2882                                            01/03/2007

-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.

-End-



-CITE-
    10 USC Sec. 2883                                            01/03/2007

-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,
      improvement, 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.
        (F) Any amounts that the Secretary concerned transfers to that
      Fund pursuant to section 2869 of this title.

      (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.
        (F) Any amounts that the Secretary concerned transfers to that
      Fund pursuant to section 2869 of this title.

      (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. - (1) 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.
      (2) The Funds established under subsection (a) shall be the sole
    source of funds for activities carried out under this subchapter.
      (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 or, if earlier, the end of the 14-day period
    beginning on the date on which a copy of the notice and
    justification is provided in an electronic medium pursuant to
    section 480 of this title.

-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;
    Pub. L. 108-136, div. A, title X, Sec. 1031(a)(51), div. B, title
    XXVIII, Sec. 2805(c), Nov. 24, 2003, 117 Stat. 1603, 1721; Pub. L.
    108-375, div. B, title XXVIII, Sec. 2805(a), Oct. 28, 2004, 118
    Stat. 2122; Pub. L. 109-163, div. B, title XXVIII, Sec. 2806(a),
    (b), Jan. 6, 2006, 119 Stat. 3507.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(1)(B). Pub. L. 109-163, Sec. 2806(b),
    substituted "acquisition, improvement, or construction" for
    "acquisition or construction".
      Subsec. (e). Pub. L. 109-163, Sec. 2806(a), designated existing
    provisions as par. (1) and added par. (2).
      2004 - Subsec. (g). Pub. L. 108-375 struck out heading and text
    of subsec. (g). Text read as follows: "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."
      2003 - Subsec. (c)(1)(F). Pub. L. 108-136, Sec. 2805(c)(1), added
    subpar. (F).
      Subsec. (c)(2)(F). Pub. L. 108-136, Sec. 2805(c)(2), added
    subpar. (F).
      Subsec. (f). Pub. L. 108-136, Sec. 1031(a)(51), inserted before
    period at end "or, if earlier, the end of the 14-day period
    beginning on the date on which a copy of the notice and
    justification is provided in an electronic medium pursuant to
    section 480 of this title".
      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."

-End-



-CITE-
    10 USC Sec. 2883a                                           01/03/2007

-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.)

-End-



-CITE-
    10 USC Sec. 2884                                            01/03/2007

-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) For each proposed contract, conveyance, or lease described in
    paragraph (1), the report required by such paragraph shall include
    the following:
        (A) A description of the contract, conveyance, or lease,
      including a summary of the terms of the contract, conveyance, or
      lease.
        (B) A description of the authorities to be utilized in entering
      into the contract, conveyance, or lease and the intended method
      of participation of the United States in the contract,
      conveyance, or lease, including a justification of the intended
      method of participation.
        (C) A statement of the scored cost of the contract, conveyance,
      or lease, as determined by the Office of Management and Budget.
        (D) A statement of the United States funds required for the
      contract, conveyance, or lease and a description of the source of
      such funds, including a description of the specific construction,
      acquisition, or improvement projects from which funds were
      transferred to the Funds established under section 2883 of this
      title in order to finance the contract, conveyance, or lease.
        (E) An economic assessment of the life cycle costs of the
      contract, conveyance, or lease, including an estimate of the
      amount of United States funds that would be paid over the life of
      the contract, conveyance, or lease from amounts derived from
      payments of government allowances, including the basic allowance
      for housing under section 403 of title 37, if the housing
      affected by the project were fully occupied by military personnel
      over the life of the contract, conveyance, or lease.

      (3)(A) In the case of a contract described in paragraph (1)
    proposed to be entered into with a private party, the report shall
    specify whether the contract will or may include a guarantee
    (including the making of mortgage or rental payments) by the
    Secretary to the private party in the event of - 
        (i) the closure or realignment of the installation for which
      housing will be provided under the contract;
        (ii) a reduction in force of units stationed at such
      installation; or
        (iii) the extended deployment of units stationed at such
      installation.

      (B) If the contract will or may include such a guarantee, the
    report shall also - 
        (i) describe the nature of the guarantee; and
        (ii) assess the extent and likelihood, if any, of the liability
      of the United States with respect to the guarantee.

      (4) 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 separate report on the expenditures and receipts during
      the preceding fiscal year covering each of the Funds established
      under section 2883 of this title, including a description of the
      specific construction, acquisition, or improvement projects from
      which funds were transferred and the privatization projects or
      contracts to which those funds were transferred. Each report
      shall also include, for each military department or defense
      agency, a description of all funds to be transferred to such
      Funds for the current fiscal year and the next fiscal year.
        (2) A methodology for evaluating the extent and effectiveness
      of the use of the authorities under this subchapter during such
      preceding fiscal year, and such recommendations as the Secretary
      considers necessary for improving the extent and effectiveness of
      the use of such authorities in the future.
        (3) A review of activities of the Secretary under this
      subchapter during such preceding fiscal year, shown for military
      family housing, military unaccompanied housing, dual military
      family housing and military unaccompanied housing, and ancillary
      supporting facilities.
        (4) If a contract for the acquisition or construction of
      military family housing, military unaccompanied housing, or dual
      military family housing and military unaccompanied housing
      entered into during the preceding fiscal year did not include the
      acquisition or construction of the types of ancillary supporting
      facilities specifically referred to in section 2871(1) of this
      title, a explanation of the reasons why such ancillary supporting
      facilities were not included.
        (5) A report setting forth, by armed force - 
          (A) an estimate of the amounts of basic allowance for housing
        under section 403 of title 37 that will be paid, during the
        current fiscal year and the fiscal year for which the budget is
        submitted, to members of the armed forces living in housing
        provided under the authorities in this subchapter; and
          (B) the number of units of military family housing and
        military unaccompanied housing upon which the estimate under
        subparagraph (A) for the current fiscal year and the next
        fiscal year is based.

        (6) A description of the Secretary's plans for housing
      privatization activities under this subchapter: (A) during the
      fiscal year for which the budget is submitted; and (B) during the
      period covered by the then-current future-years defense plan
      under section 221 of this title.

-SOURCE-
    (Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1), Feb.
    10, 1996, 110 Stat. 550; amended Pub. L. 108-136, div. B, title
    XXVIII, Sec. 2807, Nov. 24, 2003, 117 Stat. 1722; Pub. L. 108-375,
    div. B, title XXVIII, Sec. 2806, Oct. 28, 2004, 118 Stat. 2122;
    Pub. L. 109-163, div. B, title XXVIII, Sec. 2806(c), Jan. 6, 2006,
    119 Stat. 3507.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(2)(D). Pub. L. 109-163, Sec. 2806(c)(1),
    inserted before period ", including a description of the specific
    construction, acquisition, or improvement projects from which funds
    were transferred to the Funds established under section 2883 of
    this title in order to finance the contract, conveyance, or lease".
      Subsec. (b)(1). Pub. L. 109-163, Sec. 2806(c)(2)(B), (C),
    substituted "covering each of the Funds" for "covering the Funds"
    and inserted before period at end ", including a description of the
    specific construction, acquisition, or improvement projects from
    which funds were transferred and the privatization projects or
    contracts to which those funds were transferred. Each report shall
    also include, for each military department or defense agency, a
    description of all funds to be transferred to such Funds for the
    current fiscal year and the next fiscal year".
      Pub. L. 109-163, Sec. 2806(c)(2)(A), which directed the
    substitution of "a separate report" for "a report", was executed by
    substituting "A separate report" for "A report", to reflect the
    probable intent of Congress.
      2004 - Subsec. (a)(2). Pub. L. 108-375, Sec. 2806(a), amended
    par. (2) generally. Prior to amendment, par. (2) read as follows:
    "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."
      Subsec. (b)(5), (6). Pub. L. 108-375, Sec. 2806(b), added par.
    (5) and redesignated former par. (5) as (6).
      2003 - Subsec. (a)(2) to (4). Pub. L. 108-136, Sec. 2807(a),
    designated second sentence of par. (2) as par. (4) and added par.
    (3).
      Subsec. (b)(2). Pub. L. 108-136, Sec. 2807(b)(1), inserted before
    period at end ", and such recommendations as the Secretary
    considers necessary for improving the extent and effectiveness of
    the use of such authorities in the future".
      Subsec. (b)(3) to (5). Pub. L. 108-136, Sec. 2807(b)(2), added
    pars. (3) to (5) and struck out former par. (3) which read as
    follows: "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."

                               FINAL REPORT                           
      Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(b), Feb. 10,
    1996, 110 Stat. 551, provided that, not later than Mar. 1, 2000,
    the Secretary of Defense was to submit to the congressional defense
    committees 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 this title.

-End-



-CITE-
    10 USC Sec. 2885                                            01/03/2007

-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. Repealed.

-MISC1-
    [Sec. 2885. Repealed. Pub. L. 108-375, div. B, title XXVIII, Sec.
      2805(b)(1), Oct. 28, 2004, 118 Stat. 2122].
      Section, 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, related to
    expiration of authority to enter into a contract under this
    subchapter.

-End-


-CITE-
    10 USC [CHAPTER 171 - REPEALED]                             01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    [CHAPTER 171 - REPEALED]

-HEAD-
                         [CHAPTER 171 - REPEALED]                     

-End-



-CITE-
    10 USC Secs. 2891, 2892                                     01/03/2007

-EXPCITE-
    TITLE 10 - ARMED FORCES
    Subtitle A - General Military Law
    PART IV - SERVICE, SUPPLY, AND PROCUREMENT
    [CHAPTER 171 - REPEALED]

-HEAD-
    Secs. 2891, 2892. Repealed.

-MISC1-
    [Secs. 2891, 2892. Repealed. Pub. L. 104-106, div. A, title X, Sec.
      1061(b)(1), Feb. 10, 1996, 110 Stat. 442].
      Section 2891, added Pub. L. 100-456, div. A, title III, Sec.
    342(a)(1), Sept. 29, 1988, 102 Stat. 1959; amended Pub. L. 102-484,
    div. A, title III, Sec. 372, Oct. 23, 1992, 106 Stat. 2384,
    required Secretary of Defense to submit to Congress for each of
    fiscal years 1992, 1993, and 1994, a report regarding security and
    control of Department of Defense supplies.
      Section 2892, added Pub. L. 100-456, div. A, title III, Sec.
    342(a)(1), Sept. 29, 1988, 102 Stat. 1960, directed Secretary of
    Defense to require investigations of discrepancies in accounting
    for Department supplies and to separate offices ordering supplies
    from offices receiving supplies.

-End-