10 U.S.C. § 7461 (2024) — Title 10: ARMED FORCES / Chapter 753 / Section 7461: Policy on sexual harassment and sexual violence
Policy on sexual harassment and sexual violence
Status: in_force

(a) Required Policy.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Army shall direct the Superintendent of the Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.

(b) Matters To Be Specified in Policy.—The policy on sexual harassment and sexual violence prescribed under this section shall include specification of the following:

(1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.

(2) Procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including—

(A) if the cadet chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting;

(B) a specification of any other person whom the victim should contact; and

(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.

(3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel.

(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.

(5) Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.

(c) Annual Assessment.—(1) The Secretary of Defense, through the Secretary of the Army, shall direct the Superintendent to conduct at the Academy during each Academy program year an assessment, to be administered by the Department of Defense, to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual violence involving Academy personnel.

(2) For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Secretary of the Army shall conduct a survey, to be administered by the Department of Defense, of Academy personnel—

(A) to measure—

(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and

(ii) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and

(B) to assess the perceptions of Academy personnel of—

(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;

(ii) the enforcement of such policies;

(iii) the incidence of sexual harassment and sexual violence involving Academy personnel; and

(iv) any other issues relating to sexual harassment and sexual violence involving Academy personnel.

(3)(A) The Secretary of Defense may postpone the conduct of an assessment under this subsection if the Secretary determines that conducting such assessment is not practicable due to a war or national emergency declared by the President or Congress.

(B) The Secretary of Defense shall ensure that an assessment postponed under subparagraph (A) is conducted as soon as practicable after the end of the period of war or national emergency concerned, or earlier if the Secretary determines appropriate.

(C) The Secretary of Defense shall notify Congress of a determination under subparagraph (A) not later than 30 days after the date on which the Secretary makes such determination.

(d) Annual Report.—(1) The Secretary of the Army shall direct the Superintendent of the Academy to submit to the Secretary a report on sexual harassment and sexual violence involving cadets or other personnel at the Academy for each Academy program year.

(2) Each report under paragraph (1) shall include, for the Academy program year covered by the report, the following:

(A) The number of sexual assaults, rapes, and other sexual offenses involving cadets or other Academy personnel that have been reported to Academy officials during the program year and, of those reported cases, the number that have been substantiated.

(B) The policies, procedures, and processes implemented by the Secretary of the Army and the leadership of the Academy in response to sexual harassment and sexual violence involving cadets or other Academy personnel during the program year.

(C) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving cadets or other Academy personnel.

(3) Each report under paragraph (1) for an Academy program year that begins in an odd-numbered calendar year shall include the results of the survey conducted in that program year under subsection (c)(2).

(4)(A) The Secretary of the Army shall transmit to the Secretary of Defense, and to the Board of Visitors of the Academy, each report received by the Secretary under this subsection, together with the Secretary's comments on the report.

(B) The Secretary of Defense shall transmit each such report, together with the Secretary's comments on the report, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

(e) Consideration of Request for Transfer of a Cadet Who Is the Victim of a Sexual Assault or Related Offense.—(1) The Secretary of the Army shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Military Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers' Training Corps program affiliated with another institution of higher education.

(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that—

(A) provide that the Superintendent of the United States Military Academy shall ensure that any cadet who has been appointed to the United States Military Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent;

(B) direct the Superintendent of the United States Military Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer—

(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;

(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and

(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and

(C) direct the Superintendent of the United States Military Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers' Training Corps program at the institution of higher education to which the cadet requests to transfer—

(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;

(ii) subject to the cadet's acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and

(iii) to take all necessary and appropriate action to effectuate the cadet's enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers' Training Corps program as expeditiously as possible.

(3) If the Superintendent of the United States Military Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Army, who shall take action on such request not later than 72 hours after receipt of the formal request for review.

(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.

(5) A cadet who transfers under this subsection may retain the cadet's appointment to the United States Military Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.

(Added Pub. L. 109–364, div. A, title V, §532(a)(1), Oct. 17, 2006, 120 Stat. 2200, §4361; renumbered §7461, Pub. L. 115–232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839; amended Pub. L. 116–92, div. A, title V, §555(a), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 116–283, div. A, title V, §552(b)(1), Jan. 1, 2021, 134 Stat. 3632.)

Editorial Notes

Amendments

2021—Subsec. (c)(3). Pub. L. 116–283 added par. (3).

2019—Subsec. (e). Pub. L. 116–92 added subsec. (e).

2018—Pub. L. 115–232 renumbered section 4361 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsec. (d)(4)(B) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Policy for Military Service Academies on Separation of Alleged Victims and Alleged Perpetrators in Incidents of Sexual Assault

Pub. L. 116–283, div. A, title V, §539, Jan. 1, 2021, 134 Stat. 3606, provided that:

"(a) In General.—The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, prescribe in regulations a policy under which a cadet or midshipman of a military service academy who is the alleged victim of a sexual assault and a cadet or midshipman who is the alleged perpetrator of such assault shall, to the extent practicable, each be given the opportunity to complete their course of study at the academy without—

"(1) taking classes together; or

"(2) otherwise being in close proximity to each other during mandatory activities.

"(b) Elements.—The Secretary of Defense shall ensure that the policy developed under subsection (a)—

"(1) permits an alleged victim to elect not to be covered by the policy with respect to a particular incident of sexual assault;

"(2) protects the alleged victim as necessary, including by prohibiting retaliatory harassment;

"(3) minimizes the prejudicial impact of the policy, to the extent practicable, on both the alleged victim and the alleged perpetrator, and allows the alleged victim and the alleged perpetrator to complete their course of study at the institution with minimal disruption;

"(4) protects the privacy of both the alleged victim and the alleged perpetrator by ensuring that information about the alleged sexual assault and the individuals involved is not revealed to third parties who are not specifically authorized to receive such information in the course of performing their regular duties, except that such policy shall not preclude the alleged victim or the alleged perpetrator from making such disclosures to third parties; and

"(5) minimizes the burden on the alleged victim when taking steps to separate the alleged victim and alleged perpetrator.

"(c) Special Rule.—The policy developed under subsection (a) shall not preclude a military service academy from taking other administrative or disciplinary action when appropriate.

"(d) Military Service Academy Defined.—In this section, the term 'military service academy' means the following:

"(1) The United States Military Academy.

"(2) The United States Naval Academy.

"(3) The United States Air Force Academy.

"(4) The United States Coast Guard Academy."

Development of Resource Guides Regarding Sexual Assault for the Military Service Academies

Pub. L. 115–232, div. A, title V, §545, Aug. 13, 2018, 132 Stat. 1764, provided that:

"(a) Development.—Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], each Superintendent of a military service academy shall develop and maintain a resource guide for students at the respective military service academies regarding sexual assault.

"(b) Elements.—Each guide developed under this section shall include the following information with regards to the relevant military service academy:

"(1) Process overview and definitions.—

"(A) An explanation of prohibited conduct, including examples.

"(B) An explanation of consent.

"(C) Victims' rights.

"(D) Clearly described complaint process, including to whom a complaint may be filed.

"(E) Explanations of restricted and unrestricted reporting.

"(F) List of mandatory reporters.

"(G) Protections from retaliation.

"(H) Assurance that leadership will take appropriate corrective action.

"(I) References to specific policies.

"(J) Resources for survivors.

"(2) Emergency services.—

"(A) Contact information.

"(B) Location.

"(3) Support and counseling.—Contact information for the following support and counseling resources:

"(A) The Sexual Assault Prevention and Response Victim Advocate or other equivalent advocate or counselor available to students in cases of sexual assault.

"(B) The Sexual Harassment/Assault Response and Prevention Resource Program Center.

"(C) Peer counseling.

"(D) Medical care.

"(E) Legal counsel.

"(F) Hotlines.

"(G) Chaplain or other spiritual representatives.

"(c) Distribution.—Each Superintendent shall provide the current guide developed by that Superintendent under this section—

"(1) not later than 30 days after completing development under subsection (a) to each student who is enrolled at the military service academy of that Superintendent on the date of the enactment of this Act;

"(2) at the beginning of each academic year after the date of the enactment of this Act to each student who enrolls at the military service academy of that Superintendent; and

"(3) as soon as practicable to a student at the military service academy of that Superintendent who reports that such student is a victim of sexual assault."

Applicability of Sexual Assault Prevention and Response and Related Military Justice Enhancements to Military Service Academies

Pub. L. 113–291, div. A, title V, §552(a), Dec. 19, 2014, 128 Stat. 3377, provided that: "The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 950) [see Tables for classification], including amendments made by that title, and the provisions of subtitle D [subtitle D (§§531–547) of title V of div. A of Pub. L. 113–291, see Tables for classification], including amendments made by such subtitle, apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable."

Prevention of Sexual Assault at Military Service Academies

Pub. L. 113–66, div. A, title XVII, §1746, Dec. 26, 2013, 127 Stat. 983, provided that: "The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy include a section in the curricula of that military service academy that outlines honor, respect, and character development as such pertain to the issue of preventing sexual assault in the Armed Forces. Such curricula section shall include a brief history of the problem of sexual assault in the Armed Forces, a definition of sexual assault, information relating to reporting a sexual assault, victims' rights, and dismissal and dishonorable discharge for offenders. Training in such section in the curricula shall be provided within 14 days after the initial arrival of a new cadet or midshipman at that military service academy and repeated annually thereafter."

Further Information From Cadets and Midshipmen at the Service Academies on Sexual Assault and Sexual Harassment Issues

Pub. L. 109–364, div. A, title V, §532(b), Oct. 17, 2006, 120 Stat. 2205, provided that:

"(1) Use of focus groups for years when survey not required.—In any year in which the Secretary of a military department is not required by law to conduct a survey at the service academy under the Secretary's jurisdiction on matters relating to sexual assault and sexual harassment issues at that Academy, the Secretary shall provide for focus groups to be conducted at that Academy for the purposes of ascertaining information relating to sexual assault and sexual harassment issues at that Academy.

"(2) Inclusion in report.—Information ascertained from a focus group conducted pursuant to paragraph (1) shall be included in the Secretary's annual report to Congress on sexual harassment and sexual violence at the service academies.

"(3) Service academies.—For purposes of this subsection, the term 'service academy' means the following:

"(A) The United States Military Academy.

"(B) The United States Naval Academy.

"(C) The United States Air Force Academy."
10 U.S.C. § 2464 (2024) — Title 10: ARMED FORCES / Chapter 146 / Section 2464: Core logistics capabilities
Core logistics capabilities
Status: in_force

(a) Necessity for Core Logistics Capabilities.—(1) It is essential for the national defense that the Department of Defense maintain a core logistics capability that is Government-owned and Government-operated (including Government personnel and Government-owned and Government-operated equipment and facilities) to ensure a ready and controlled source of technical competence and resources necessary to ensure effective and timely response to a mobilization, national defense contingency situations, and other emergency requirements.

(2) The Secretary of Defense shall identify the core logistics capabilities described in paragraph (1) and the workload required to maintain those capabilities.

(3) The core logistics capabilities identified under paragraphs (1) and (2) shall include those capabilities that are necessary to maintain and repair the weapon systems and other military equipment (including mission-essential weapon systems or materiel not later than four years after achieving initial operational capability, but excluding systems and equipment under special access programs, nuclear aircraft carriers, and commercial products or commercial services described in paragraph (5)) that are identified by the Secretary, in consultation with the Chairman of the Joint Chiefs of Staff, as necessary to enable the armed forces to fulfill the strategic and contingency plans prepared by the Chairman of the Joint Chiefs of Staff under section 153(a) of this title.

(4) The Secretary of Defense shall require the performance of core logistics workloads necessary to maintain the core logistics capabilities identified under paragraphs (1), (2), and (3) at Government-owned, Government-operated facilities of the Department of Defense (including Government-owned, Government-operated facilities of a military department) and shall assign such facilities sufficient workload to ensure cost efficiency and technical competence in peacetime while preserving the surge capacity and reconstitution capabilities necessary to support fully the strategic and contingency plans referred to in paragraph (3).

(5) The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title) that have been sold or leased in substantial quantities to the general public and are purchased without modification in the same form that they are sold in the commercial marketplace, or with minor modifications to meet Federal Government requirements.

(b) Limitation on Contracting.—(1) Except as provided in paragraph (2), performance of workload needed to maintain a logistics capability identified by the Secretary under subsection (a)(2) may not be contracted for performance by non-Government personnel under the procedures and requirements of Office of Management and Budget Circular A–76 or any successor administrative regulation or policy (hereinafter in this section referred to as OMB Circular A–76).

(2) The Secretary of Defense may waive paragraph (1) in the case of any such logistics capability and provide that performance of the workload needed to maintain that capability shall be considered for conversion to contractor performance in accordance with OMB Circular A–76. Any such waiver shall be made under regulations prescribed by the Secretary and shall be based on a determination by the Secretary that Government performance of the workload is no longer required for national defense reasons. Such regulations shall include criteria for determining whether Government performance of any such workload is no longer required for national defense reasons.

(3)(A) A waiver under paragraph (2) may not take effect until the expiration of the first period of 30 days of continuous session of Congress that begins on or after the date on which the Secretary submits a report on the waiver to 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.

(B) For the purposes of subparagraph (A)—

(i) continuity of session is broken only by an adjournment of Congress sine die; and

(ii) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.

(c) Notification of Determinations Regarding Certain Commercial Products or Commercial Services.—The first time that a weapon system or other item of military equipment described in subsection (a)(3) is determined to be a commercial product or commercial service for the purposes of the exception contained in that subsection, the Secretary of Defense shall submit to Congress a notification of the determination, together with the justification for the determination. The justification for the determination shall include, at a minimum, the following:

(1) The estimated percentage of commonality of parts of the version of the item that is sold or leased in the commercial marketplace and the Government's version of the item.

(2) The value of any unique support and test equipment and tools that are necessary to support the military requirements if the item were maintained by the Government.

(3) A comparison of the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the private sector with the estimated life cycle logistics support costs that would be incurred by the Government if the item were maintained by the Government.

(d) Biennial Core Report.—Not later than April 1 of each even-numbered year, the Secretary of Defense shall submit to Congress a report identifying, for each of the armed forces (except for the Coast Guard), for the fiscal year after the fiscal year during which the report is submitted, each of the following:

(1) The core depot-level maintenance and repair capability requirements and sustaining workloads, organized by work breakdown structure, expressed in direct labor hours.

(2) The corresponding workloads necessary to sustain core depot-level maintenance and repair capability requirements, expressed in direct labor hours and cost.

(3) In any case where core depot-level maintenance and repair capability requirements exceed or are expected to exceed sustaining workloads, a detailed rationale for any and all shortfalls and a plan either to correct or mitigate the effects of the shortfalls.

(4) Any workload shortfalls at any work breakdown structure category designated as a lower-level category pursuant to Department of Defense Instruction 4151.20, or any successor instruction.

(5) A description of any workload executed at a category designated as a first-level category pursuant to such Instruction, or any successor instruction, that could be used to mitigate shortfalls in similar categories.

(6) A description of any progress made on implementing mitigation plans developed pursuant to paragraph (3).

(7) A description of core capability requirements and corresponding workloads at the first level category.

(8) In the case of any shortfall that is identified, a description of the shortfall and an identification of the subcategory of the work breakdown structure in which the shortfall occurred.

(9) In the case of any work breakdown structure category designated as a special interest item or other pursuant to such Instruction, or any successor instruction, an explanation for such designation.

(10) Whether the core depot-level maintenance and repair capability requirements described in the report submitted under this subsection for the preceding fiscal year have been executed.

(Added and amended Pub. L. 112–239, div. A, title III, §322(b)(2)(A), (d), Jan. 2, 2013, 126 Stat. 1695; Pub. L. 115–91, div. A, title III, §332, Dec. 12, 2017, 131 Stat. 1354; Pub. L. 115–232, div. A, title VIII, §836(e)(10), Aug. 13, 2018, 132 Stat. 1870; Pub. L. 118–31, div. A, title III, §342, Dec. 22, 2023, 137 Stat. 224.)

Editorial Notes

Codification

Section 322(b)(2)(A) of Pub. L. 112–239, cited as a credit to this section, revived section 2464 of this title as in effect the day before the date of the enactment of Pub. L. 112–81, Dec. 31, 2011. See Prior Provisions note below.

Prior Provisions

A prior section 2464, added Pub. L. 100–370, §2(a)(1), July 19, 1988, 102 Stat. 853; amended Pub. L. 101–189, div. A, title XVI, §1622(c)(7), Nov. 29, 1989, 103 Stat. 1604; Pub. L. 104–106, div. A, title III, §314, Feb. 10, 1996, 110 Stat. 251; Pub. L. 105–85, div. A, title III, §356(a), Nov. 18, 1997, 111 Stat. 1694; Pub. L. 105–261, div. A, title III, §343(a), Oct. 17, 1998, 112 Stat. 1976; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–81, div. A, title III, §327(a), Dec. 31, 2011, 125 Stat. 1366, related to core depot-level maintenance and repair capabilities prior to repeal by Pub. L. 112–239, div. A, title III, §322(a)(2), Jan. 2, 2013, 126 Stat. 1694.

Amendments

2023—Subsec. (e). Pub. L. 118–31 struck out subsec. (e). Text read as follows: "The Comptroller General of the United States shall review each report submitted under subsection (d) for completeness and compliance and shall submit to the congressional defense committees findings and recommendations with respect to the report by not later than 60 days after the date on which the report is submitted to Congress."

2018—Subsec. (a)(3). Pub. L. 115–232, §836(e)(10)(A)(i), substituted "commercial products or commercial services" for "commercial items".

Subsec. (a)(5). Pub. L. 115–232, §836(e)(10)(A)(ii), substituted "The commercial products or commercial services covered by paragraph (3) are commercial products (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)" for "The commercial items covered by paragraph (3) are commercial items".

Subsec. (c). Pub. L. 115–232, §836(e)(10)(B), in heading, substituted "Commercial Products or Commercial Services" for "Commercial Items" and, in introductory provisions, substituted "commercial product or commercial service" for "commercial item".

2017—Subsec. (d)(4) to (10). Pub. L. 115–91 added pars. (4) to (10).

2013—Subsecs. (d), (e). Pub. L. 112–239, §322(d), added subsecs. (d) and (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.

Effective Date

Section and amendment by Pub. L. 112–239 effective Dec. 31, 2011, immediately after enactment of Pub. L. 112–81. See section 322(f) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 4251 of this title.

Updated Guidance Regarding Biennial Core Report

Pub. L. 115–91, div. A, title III, §338, Dec. 12, 2017, 131 Stat. 1360, provided that: "To ensure that the biennial core reporting procedures of the Department of Defense align with the requirements of section 2464 of title 10, United States Code, and that each reporting agency provides accurate and complete information, the Secretary of Defense shall direct the Under Secretary of Defense for Acquisition, Technology and Logistics to update the Department of Defense Guidance, in particular Department of Defense Instruction 4151.20, to require future biennial core reports include instructions to the reporting agencies on how to—

"(1) report additional depot workload performed that has not been identified as a core requirement;

"(2) accurately capture inter-service workload;

"(3) calculate shortfalls; and

"(4) estimate the cost of planned workload."
10 U.S.C. § 8725 (2024) — Title 10: ARMED FORCES / Chapter 869 / Section 8725: Acquisition by condemnation and purchase
Acquisition by condemnation and purchase
Status: in_force

(a) Whenever the Secretary is unable to make arrangements he considers satisfactory for exchanges of land or agreements for conservation authorized by section 8724 of this title, the Secretary may acquire, with the approval of the President, such privately owned lands and leases—

(1) by purchase, inside the naval petroleum reserves, or outside those reserves on the same geologic structure; and

(2) by condemnation, inside Naval Petroleum Reserve Numbered 1, or, if there is substantial drainage, outside that reserve on the same geologic structure.

(b) The Secretary shall report annually to Congress all proceedings for purchase and condemnation under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 458, §7425; Pub. L. 94–258, title II, §201(6), Apr. 5, 1976, 90 Stat. 309; Pub. L. 96–513, title V, §513(32)(A), Dec. 12, 1980, 94 Stat. 2933; Pub. L. 106–398, §1 [div. C, title XXXIV, §3402(b)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–484; renumbered §8725 and amended Pub. L. 115–232, div. A, title VIII, §§807(d)(5), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

7425 
34 U.S.C. 524 (5th par., 1st 123 words, and 169th through 193d words). 
June 4, 1920, ch. 228 (5th par., 1st 123 words, and 169th through 193d words, of amended 3d and 4th provisos), 41 Stat. 813; June 30, 1938, ch. 851, §1, 52 Stat. 1252; June 17, 1944, ch. 262, 58 Stat. 282.

The words "Whenever the Secretary of the Navy is unable" are substituted for the words "In the event of the inability of the Secretary of the Navy" for brevity.

Editorial Notes

Amendments

2018—Pub. L. 115–232, §807(d)(5), renumbered section 7425 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8724" for "section 7424" in introductory provisions.

2000—Subsec. (a). Pub. L. 106–398 substituted "for exchanges of land or agreements for conservation authorized by section 7424 of this title, the Secretary may acquire" for "for—

"(1) exchanges of land or agreements for conservation authorized by section 7424 of this title; or

"(2) contracts for joint, unit, or other cooperative plans with respect to lands or leases authorized by section 7426 of this title;

he may acquire".

1980—Subsec. (a). Pub. L. 96–513 substituted "Naval Petroleum Reserve Numbered 1" for "naval petroleum reserve numbered 1".

1976—Subsec. (a). Pub. L. 94–258 struck out "of the Navy" after "Secretary".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
10 U.S.C. § 9018 (2024) — Title 10: ARMED FORCES / Chapter 903 / Section 9018: Administrative Assistant
Administrative Assistant
Status: in_force

The Secretary of the Air Force may appoint an Administrative Assistant in the Office of the Secretary of the Air Force. The Administrative Assistant shall perform such duties as the Secretary may prescribe.

(Added Pub. L. 99–433, title V, §521(a)(5), Oct. 1, 1986, 100 Stat. 1059, §8018; renumbered §9018, Pub. L. 115–232, div. A, title VIII, §806(c), Aug. 13, 2018, 132 Stat. 1833.)

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 8018 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 14308 (2024) — Title 10: ARMED FORCES / Chapter 1405 / Section 14308: Promotions: how made
Promotions: how made
Status: in_force

(a) Promotion List.—When the report of a selection board convened under section 14101(a) or 14502 of this title is approved by the President, the Secretary of the military department concerned shall place the names of all officers selected for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of seniority of those officers on the reserve active-status list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence.

(b) Promotion; How Made; Order.—(1) Officers on a promotion list for a competitive category shall be promoted in the manner specified in section 12203 of this title.

(2) Officers on a promotion list for a competitive category shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary of the military department concerned. Except as provided in section 14311, 14312, or 14502(e) of this title or in subsection (d) or (e), promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted.

(3) Officers to be promoted to the grade of first lieutenant or lieutenant (junior grade) shall be promoted in accordance with regulations prescribed by the Secretary of the military department concerned.

(4)(A) Officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) who are on an approved all-fully-qualified-officers list shall be promoted to the next higher grade in accordance with regulations prescribed by the Secretary concerned. Such promotions shall be in the manner specified in section 12203 of this title.

(B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter and chapter 1403 of this title.

(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives.

(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the reserve active-status list in a grade who the Secretary of the military department concerned determines—

(i) are fully qualified for promotion to the next higher grade; and

(ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 14101(a) of this title upon the convening of such a board.

(E) If the Secretary of the military department concerned determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph.

(c) Date of Rank.—(1) The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d)(2) of this title.

(2) The date of rank of an officer appointed to a higher grade under this section may be adjusted in the same manner as an adjustment may be made under section 741(d)(4) of this title in the date of rank of an officer appointed to a higher grade under section 624(a) of this title. In any use of the authority under the preceding sentence, subparagraph (C)(ii) of such section shall be applied by substituting "reserve active-status list" for "active-duty list".

(3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active-status promotion list pursuant to subsection (e) or (f) of section 624 of this title.

(4) Except as provided in paragraph (2) or as otherwise specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer's promotion is adjusted to reflect a date earlier than the actual date of the officer's promotion.

(d) Officers With Running Mates.—An officer to whom a running mate system applies under section 14306 of this title and who is selected for promotion is eligible for promotion to the grade for which selected when the officer who is that officer's running mate becomes eligible for promotion under chapter 36 of this title. The effective date of the promotion of that officer shall be the same as that of the officer's running mate in the grade to which the running mate is promoted.

(e) Army Reserve and Air Force Reserve Promotions To Fill Vacancies.—Subject to this section and to section 14311(e) of this title, and under regulations prescribed by the Secretary of the military department concerned—

(1) an officer in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a mandatory promotion board convened under section 14101(a) of this title or a board convened under section 14502 or chapter 36 of this title may be promoted at any time to fill a vacancy in a position to which the officer is assigned; and

(2) an officer in a grade below colonel in the Army Reserve or the Air Force Reserve who is on a promotion list as a result of selection for promotion by a vacancy promotion board convened under section 14101(a) of this title may be promoted at any time to fill the vacancy for which the officer was selected.

(f) Effective Date of Promotion After Federal Recognition.—(1) The effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended.

(2) If there is a delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force that exceeds 100 days from the date the National Guard Bureau deems such officer's application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau, and the delay was not attributable to the action or inaction of such officer—

(A) in the event of State promotion with an effective date before January 1, 2024, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion; and

(B) in the event of State promotion with an effective date on or after January 1, 2024, the effective date of the promotion concerned under paragraph (1) shall be adjusted by the Secretary concerned to the later of—

(i) the date the National Guard Bureau deems such officer's application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau; and

(ii) the date on which the officer occupies a billet in the next higher grade.

(g) Army and Air Force General Officer Promotions.—A reserve officer of the Army or the Air Force who is on a promotion list for promotion to the grade of brigadier general or major general as a result of selection by a vacancy promotion board may be promoted to that grade only to fill a vacancy in the Army Reserve or the Air Force Reserve, as the case may be, in that grade.

(Added Pub. L. 103–337, div. A, title XVI, §1611, Oct. 5, 1994, 108 Stat. 2937; amended Pub. L. 105–85, div. A, title V, §514(c), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 107–107, div. A, title V, §§505(b)(1), 506(b), Dec. 28, 2001, 115 Stat. 1086, 1089; Pub. L. 109–364, div. A, title V, §511(d)(2), Oct. 17, 2006, 120 Stat. 2183; Pub. L. 114–92, div. A, title V, §502(b), Nov. 25, 2015, 129 Stat. 806; Pub. L. 115–232, div. A, title V, §518(a), Aug. 13, 2018, 132 Stat. 1754; Pub. L. 116–92, div. A, title V, §510(c), Dec. 20, 2019, 133 Stat. 1347; Pub. L. 117–263, div. A, title V, §513, Dec. 23, 2022, 136 Stat. 2565; Pub. L. 118–31, div. A, title V, §503(b)(2), Dec. 22, 2023, 137 Stat. 241.)

Editorial Notes

Prior Provisions

Provisions similar to those in subsecs. (a), (d), and (f) of this section were contained in sections 3385, 5902(a) to (c), and 8374 of this title, prior to repeal by Pub. L. 103–337, §1629(a)(1), (b)(2), (c)(1).

Amendments

2023—Subsec. (c)(3), (4). Pub. L. 118–31 added par. (3) and redesignated former par. (3) as (4).

2022—Subsec. (f)(2). Pub. L. 117–263 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion."

2019—Subsec. (a). Pub. L. 116–92 inserted "or based on particular merit, as determined by the promotion board" after "reserve active-status list".

2018—Subsec. (f)(1). Pub. L. 115–232, §518(a)(1), which directed amendment of subsec. (f) by inserting "(1)" before "The effective date of promotion", was executed by making the insertion before "The effective date of a promotion" to reflect the probable intent of Congress.

Subsec. (f)(2). Pub. L. 115–232, §518(a)(2), added par. (2).

2015—Subsec. (b)(4)(E). Pub. L. 114–92 added subpar. (E).

2006—Subsec. (a). Pub. L. 109–364 inserted at end "A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence."

2001—Subsec. (b)(4). Pub. L. 107–107, §505(b)(1), added par. (4).

Subsec. (c)(2). Pub. L. 107–107, §506(b)(1)(B), added par. (2). Former par. (2) redesignated (3).

Subsec. (c)(3). Pub. L. 107–107, §506(b)(1)(A), (2), redesignated par. (2) as (3) and inserted "provided in paragraph (2) or as otherwise" after "Except as".

1997—Subsec. (e)(2). Pub. L. 105–85, §514(c)(1), inserted "a grade below colonel in" after "an officer in".

Subsec. (g). Pub. L. 105–85, §514(c)(2), inserted "or the Air Force" after "A reserve officer of the Army", substituted "in the Army Reserve or the Air Force Reserve, as the case may be, in that grade" for "in that grade in a unit of the Army Reserve that is organized to serve as a unit and that has attained the strength prescribed by the Secretary of the Army", and struck out at end "A reserve officer of the Air Force who is on a promotion list for promotion to the grade of brigadier general or major general as a result of selection by a vacancy promotion board may be promoted to that grade only to fill a vacancy in the Air Force Reserve in that grade."

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. A, title V, §518(b), Aug. 13, 2018, 132 Stat. 1754, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Aug. 13, 2018], and shall apply with respect to promotions of officers whose State effective date is on or after that date."

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–364 effective Oct. 17, 2006, and applicable with respect to officers on promotion lists established on or after such date, see section 511(e) of Pub. L. 109–364, set out as a note under section 624 of this title.

Effective Date of 2001 Amendment

Subsec. (c)(2) of this section applicable with respect to any report of a selection board recommending officers for promotion to the next higher grade that is submitted to the Secretary of the military department concerned on or after Dec. 28, 2001, and Secretary of the military department concerned may apply subsec. (c)(2) of this section in the case of an appointment of an officer to a higher grade resulting from a report of a selection board submitted to the Secretary before Dec. 28, 2001, if the Secretary determines that such appointment would have been made on an earlier date that is on or after Oct. 1, 2001, and was delayed under the circumstances specified in section 741(d)(4) of this title, see section 506(c) of Pub. L. 107–107, set out as a note under section 741 of this title.

Effective Date

Section effective Oct. 1, 1996, see section 1691(b)(1) of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 1781 (2024) — Title 10: ARMED FORCES / Chapter 88 / Subchapter I / Section 1781: Office of Military Family Readiness Policy
Office of Military Family Readiness Policy
Status: in_force

(a) Establishment.—There is in the Office of the Secretary of Defense an Office of Military Family Readiness Policy (in this section referred to as the "Office"). The Office shall be headed by the Director of Military Family Readiness Policy, who shall serve within the Office of the Under Secretary of Defense for Personnel and Readiness.

(b) Duties.—The Office—

(1) shall coordinate programs and activities of the military departments to the extent that they relate to military families; and

(2) shall make recommendations to the Secretaries of the military departments with respect to programs and policies regarding military families.

(c) Staff.—The Office shall have not less than five professional staff members.

(d) Non-medical Counseling Services.—(1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program.

(2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional.

(3) A non-medical mental health professional described in this subsection is a person who is—

(A) a currently licensed mental health care provider who holds a license that is—

(i) issued by a State, the District of Columbia, or a territory or possession of the United States; and

(ii) recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services;

(B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and

(C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1).

(4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection.

(5) In this subsection, the term "non-medical counseling services" means mental health care services that are non-clinical, short-term and solution focused, and address topics related to personal growth, development, and positive functioning.

(Added Pub. L. 104–106, div. A, title V, §568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 111–383, div. A, title IX, §901(h), Jan. 7, 2011, 124 Stat. 4323; Pub. L. 112–239, div. A, title X, §1076(f)(21), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 114–328, div. A, title IX, §933(a)(1), (4)(A), Dec. 23, 2016, 130 Stat. 2364; Pub. L. 118–31, div. A, title V, §581, Dec. 22, 2023, 137 Stat. 279.)

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d)(4), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Prior Provisions

Provisions similar to those in this subchapter were contained in Pub. L. 99–145, title VIII, Nov. 8, 1985, 99 Stat. 678, as amended, which was set out as a note under section 113 of this title, prior to repeal by Pub. L. 104–106, §568(e)(1).

Amendments

2023—Subsec. (d). Pub. L. 118–31 added subsec. (d).

2016—Pub. L. 114–328, §933(a)(4)(A), substituted "Office of Military Family Readiness Policy" for "Office of Family Policy" in section catchline.

Subsec. (a). Pub. L. 114–328, §933(a)(1), substituted "Office of Military Family Readiness Policy" for "Office of Family Policy" and "Director of Military Family Readiness Policy" for "Director of Family Policy".

2013—Subsec. (a). Pub. L. 112–239, in first sentence, substituted "in the Office" for "in the Director" and struck out "hereinafter" before "in this section", and in second sentence, substituted "Office" for "office" in two places.

2011—Subsec. (a). Pub. L. 111–383 substituted "the Director" for "the Office" before "of the Secretary" and "The office shall be headed by the Director of Family Policy, who shall serve within the office of the Under Secretary of Defense for Personnel and Readiness." for "The Office shall be under the Assistant Secretary of Defense for Force Management and Personnel."

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.

Activities To Improve Family Violence Prevention and Response

Pub. L. 117–81, div. A, title V, §549(c), (d), (g), Dec. 27, 2021, 135 Stat. 1715, 1719, 1721, provided that:

"(c) Implementation of Comptroller General Recommendations.—

"(1) In general.—Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled 'Domestic Abuse: Actions Needed to Enhance DOD's Prevention, Response, and Oversight' (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs (A) through (K).

"(A) Domestic abuse data.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:

"(i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—

     "(I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and

     "(II) data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2141).

"(ii) Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.

"(iii) Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.

"(B) Domestic violence and command action data.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

"(i) evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to—

     "(I) eliminate gaps and redundancies in the activities of such organizations;

     "(II) ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and

     "(III) otherwise improve the tracking of such incidents and actions across the Department;

"(ii) based on the evaluation under clause (i), clarify or adjust—

     "(I) the duties of such organizations and elements; and

     "(II) the manner in which such organizations and elements coordinate their activities; and

"(iii) issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under section 1562 of title 10, United States Code.

"(C) Regulations for violation of civilian orders of protection.—The Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

"(D) Agreements with civilian victim service organizations.—

"(i) Guidance required.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii).

"(ii) Contents of agreement.—A memorandum of understanding entered into under clause (i) shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that—

     "(I) the services offered at the installation are insufficient to meet the victim's needs; or

     "(II) such a referral would otherwise benefit the victim.

"(E) Screening and reporting of initial allegations.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process—

"(i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and

"(ii) to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.

"(F) Implementation and oversight of incident determination committees.—

"(i) Implementation.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force.

"(ii) Oversight and monitoring.—The Secretary of Defense shall—

     "(I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and

     "(II) establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an [sic] consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.

"(G) Reasonable suspicion standard for incident reporting.—Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations—

"(i) under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and

"(ii) that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).

"(H) Guidance for victim risk assessment.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—

"(i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and

"(ii) establishes minimum qualifications for the personnel responsible for using such tools.

"(I) Improving family advocacy program awareness campaigns.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—

"(i) a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and

"(ii) metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.

"(J) Assessment of the disposition model for domestic violence.—As part of the independent analysis required by section 549C of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [134 Stat. 3625] the Secretary of Defense shall include an assessment of—

"(i) the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to—

     "(I) the eligibility of victims for transitional compensation and other benefits; and

     "(II) the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and

"(ii) the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.

"(K) Family advocacy program training.—

"(i) Training for commanders and senior enlisted advisors.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—

     "(I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and

     "(II) shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.

"(ii) Training for chaplains.—The Secretary of Defense shall—

     "(I) require that chaplains of the Armed Forces receive Family Advocacy Program training;

     "(II) establish content requirements and learning objectives for such training; and

     "(III) provide such additional guidance and sample training materials as may be necessary to effectively implement such training.

"(iii) Training completion data.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training.

"(2) General implementation date.—Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act.

"(3) Quarterly status briefing.—Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph (1) have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities.

"(d) Information on Services for Military Families.—Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following:

"(1) The Family Advocacy Program of the Armed Force or military department concerned.

"(2) Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.

"(3) Other applicable victim services.

"(g) Definitions.—In this section:

"(1) The term 'appropriate congressional committees' means the Committees on Armed Services of the Senate and the House of Representatives.

"(2) The term 'civilian order of protection' has the meaning given that term in section 1561a of title 10, United States Code.

"(3) The term 'disposition model for domestic violence' means the process to determine—

"(A) the disposition of charges of an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice); and

"(B) consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.

"(4) The term 'Incident Determination Committee' means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.

"(5) The term 'qualified civilian victim service organization' means an organization outside the Department of Defense that—

"(A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and

"(B) is located in a community surrounding a military installation.

"(6) The term 'risk assessment tool' means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur."

Family Readiness: Definitions; Communication Strategy; Review; Report

Pub. L. 116–283, div. A, title V, §581, Jan. 1, 2021, 134 Stat. 3651, provided that:

"(a) Definitions.—Not later than six months after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall act on recommendation one of the report, dated July 2019, of the National Academies of Science, Engineering and Medicine, titled 'Strengthening the Military Family Readiness System for a Changing American Society', by establishing definitions of 'family well-being', 'family readiness', and 'family resilience' for use by the Department of Defense.

"(b) Communication Strategy.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall—

"(1) ensure that the Secretary of Defense has carried out section 561 of the National Defense Authorization Act for Fiscal Year 2010 ([Pub. L. 111–84]; 10 U.S.C. 1781 note);

"(2) implement a strategy to use of a variety of modes of communication to ensure the broadest means of communicating with military families; and

"(3) establish a process to measure the effectiveness of the modes of communication described in paragraph (2).

"(c) Review.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current programs, policies, services, resources, and practices of the Department for military families as outlined in recommendation four of the report described in subsection (a).

"(d) Report.—Not later than 60 days after completing the review under subsection (c), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing the results of the review and how the Secretary shall improve programs, policies, services, resources, and practices for military families, based on the review."

Time Requirements for Certification of Honorable Service

Pub. L. 116–92, div. A, title V, §526, Dec. 20, 2019, 133 Stat. 1356, provided that: "The Secretary of Defense shall publish regulations for submission and processing of a completed United States Citizenship and Immigration Services Form N–426, by a member of the Armed Forces. Such regulations shall designate the appropriate level for the certifying officer as well as establish time requirements for the form to be returned to the member of the Armed Forces."

Counseling for Members of the Armed Forces Who Are Not Citizens of the United States on Naturalization in the United States

Pub. L. 116–92, div. A, title V, §570D, Dec. 20, 2019, 133 Stat. 1399, provided that:

"(a) In General.—The Secretary concerned shall furnish to covered individuals under the jurisdiction of that Secretary counseling regarding how to apply for naturalization in the United States.

"(b) Definitions.—In this section:

"(1) The term 'covered individual' means a member of the Armed Forces who is not a citizen of the United States.

"(2) The term 'Secretary concerned' has the meaning given that term in section 101(a)(9) of title 10, United States Code."

Pilot Program on Information Sharing Between Department of Defense and Designated Relatives and Friends of Members of the Armed Forces Regarding the Experiences and Challenges of Military Service

Pub. L. 116–92, div. A, title V, §570E, Dec. 20, 2019, 133 Stat. 1400, provided that:

"(a) Pilot Program Required.—

"(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall seek to enter into an agreement with the American Red Cross to carry out a pilot program under which the American Red Cross—

"(A) encourages a member of the Armed Forces, upon the enlistment or appointment of such member, to designate up to 10 persons to whom information regarding the military service of such member shall be disseminated using contact information obtained under paragraph (6); and

"(B) provides such persons, within 30 days after the date on which such persons are designated under subparagraph (A), the option to elect to receive such information regarding military service.

"(2) Dissemination.—The Secretary shall disseminate information described in paragraph (1)(A) under the pilot program on a regular basis.

"(3) Types of information.—The types of information to be disseminated under the pilot program to persons who elect to receive such information shall include information regarding—

"(A) aspects of daily life and routine experienced by members of the Armed Forces;

"(B) the challenges and stresses of military service, particularly during and after deployment as part of a contingency operation;

"(C) the services available to members of the Armed Forces and the dependents of such members to cope with the experiences and challenges of military service;

"(D) benefits administered by the Department of Defense for members of the Armed Forces and the dependents of such members;

"(E) a toll-free telephone number through which such persons who elect to receive information under the pilot program may request information regarding the program; and

"(F) such other information as the Secretary determines to be appropriate.

"(4) Privacy of information.—In carrying out the pilot program, the Secretary may not disseminate information under paragraph (3) in violation of laws and regulations pertaining to the privacy of members of the Armed Forces, including requirements pursuant to—

"(A) section 552a of title 5, United States Code; and

"(B) the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) [see Tables for classification].

"(5) Notice and modifications.—In carrying out the pilot program, the Secretary shall, with respect to a member of the Armed Forces—

"(A) ensure that such member is notified of the ability to modify designations made by such member under paragraph (1)(A); and

"(B) upon the request of a member, authorize such member to modify such designations at any time.

"(6) Contact information.—In making a designation under the pilot program, a member of the Armed Forces shall provide necessary contact information, specifically including an email address, to facilitate the dissemination of information regarding the military service of the member.

"(7) Opt-in and opt-out of program.—

"(A) Opt-in by members.—A member may participate in the pilot program only if the member voluntarily elects to participate in the program. A member seeking to make such an election shall make such election in a manner, and by including such information, as the Secretary and the Red Cross shall jointly specify for purposes of the pilot program.

"(B) Opt-in by designated recipients.—A person designated pursuant to paragraph (1)(A) may receive information under the pilot program only if the person makes the election described in paragraph (1)(B).

"(C) Opt-out.—In carrying out the pilot program, the Secretary shall, with respect to a person who has elected to receive information under such pilot program, cease disseminating such information to that person upon request of such person.

"(b) Survey and Report on Pilot Program.—

"(1) Survey.—Not later than two years after the date on which the pilot program commences, the Secretary, in consultation with the American Red Cross, shall administer a survey to persons who elected to receive information under the pilot program for the purpose of receiving feedback regarding the quality of information disseminated under this section, including whether such information appropriately reflects the military career progression of members of the Armed Forces.

"(2) Report.—Not later than three years after the date on which the pilot program commences, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a final report on the pilot program which includes—

"(A) the results of the survey administered under paragraph (1);

"(B) a determination as to whether the pilot program should be made permanent; and

"(C) recommendations as to modifications necessary to improve the program if made permanent.

"(c) Termination of Pilot Program.—The pilot program shall terminate upon submission of the report required by subsection (b)(2)."

Expansion of Period of Availability of Military OneSource Program for Retired and Discharged Members of the Armed Forces and Their Immediate Families

Pub. L. 115–232, div. A, title V, §558, Aug. 13, 2018, 132 Stat. 1775, provided that:

"(a) In General.—Under regulations prescribed by the Secretary of Defense, the period of eligibility for the Military OneSource program of the Department of Defense of an eligible individual retired, discharged, or otherwise released from the Armed Forces, and for the eligible immediate family members of such an individual, shall be the one-year period beginning on the date of the retirement, discharge, or release, as applicable, of such individual.

"(b) Information to Families.—The Secretary shall, in such manner as the Secretary considers appropriate, inform military families and families of veterans of the Armed Forces of the wide range of benefits available through the Military OneSource program."

Policy on Response to Juvenile-on-Juvenile Problematic Sexual Behavior Committed on Military Installations

Pub. L. 115–232, div. A, title X, §1089, Aug. 13, 2018, 132 Stat. 1996, provided that:

"(a) Policy Required.—The Secretary of Defense shall establish a policy, applicable across the military installations of the Department of Defense (including installations outside the United States), on the response of the Department to allegations of juvenile-on-juvenile problematic sexual behavior on military installations. The policy shall be designed to ensure a consistent, standardized response to such allegations across the Department.

"(b) Elements.—The policy required by this section shall provide for the following:

"(1) Any report or other allegation of juvenile-on-juvenile problematic sexual behavior on a military installation that is received by the installation commander, a law enforcement organization, a Family Advocacy Program, a child development center, a military treatment facility, or a Department school operating on the installation or otherwise under Department administration for the installation shall be reviewed by the Family Advocacy Program of the installation.

"(2) Personnel of Family Advocacy Programs conducting reviews shall have appropriate training and experience in working with juveniles.

"(3) Family Advocacy Programs conducting reviews shall conduct a multi-faceted, multi-disciplinary review and recommend treatment, counseling, or other appropriate interventions for complainants and respondents.

"(4) Each review shall be conducted—

"(A) with full involvement of appropriate authorities and entities, including parents or legal guardians of the juveniles involved (if practicable); and

"(B) to the extent practicable, in a manner that protects the sensitive nature of the incident concerned, using language appropriate to the treatment of juveniles in written policies and communication with families.

"(5) The requirement for investigation of a report or other allegation shall not be deemed to terminate or alter any otherwise applicable requirement to report or forward the report or allegation to appropriate Federal, State, or local authorities as possible criminal activity.

"(6) There shall be established and maintained a centralized database of information on each incident of problematic sexual behavior that is reviewed by a Family Advocacy Program under the policy established under this section, with—

"(A) the information in such database kept strictly confidential; and

"(B) because the information involves alleged conduct by juveniles, additional special precautions taken to ensure the information is available only to persons who require access to the information.

"(7) There shall be entered into the database, for each substantiated or unsubstantiated incident of problematic sexual behavior, appropriate information on the incident, including—

"(A) a description of the allegation;

"(B) whether or not the review is completed;

"(C) whether or not the incident was subject to an investigation by a law enforcement organization or entity, and the status and results of such investigation; and

"(D) whether or not action was taken in response to the incident, and the nature of the action, if any, so taken."

Provision of Information on Naturalization Through Military Service

Pub. L. 115–91, div. A, title V, §530, Dec. 12, 2017, 131 Stat. 1383, provided that: "The Secretary of Defense shall ensure that members of the Army, Navy, Air Force, and Marine Corps who are aliens lawfully admitted to the United States for permanent residence are informed of the availability of naturalization through service in the Armed Forces under section 328 of the Immigration and Nationality Act (8 U.S.C. 1439) and the process by which to pursue naturalization. The Secretary shall ensure that resources are available to assist qualified members of the Armed Forces to navigate the application and naturalization process."

Support for Programs Providing Camp Experience for Children of Military Families

Pub. L. 114–328, div. A, title V, §577, Dec. 23, 2016, 130 Stat. 2143, provided that:

"(a) Authority to Provide Support.—The Secretary of Defense may provide financial or non-monetary support to qualified nonprofit organizations in order to assist such organizations in carrying out programs to support the attendance at a camp, or camp-like setting, of children of military families who have experienced the death of a family member or other loved one or who have another family member living with a substance use disorder or post-traumatic stress disorder.

"(b) Application for Support.—

"(1) In general.—Each organization seeking support pursuant to subsection (a) shall submit to the Secretary of Defense an application therefor containing such information as the Secretary shall specify for purposes of this section.

"(2) Contents.—Each application submitted under paragraph (1) shall include the following:

"(A) A description of the program for which support is being sought, including the location of the setting or settings under the program, the duration of such setting or settings, any local partners participating in or contributing to the program, and the ratio of counselors, trained volunteers, or both to children at such setting or settings.

"(B) An estimate of the number of children of military families to be supported using the support sought.

"(C) A description of the type of activities that will be conducted using the support sought, including the manner in which activities are particularly supportive to children of military families described in subsection (a).

"(D) A description of the outreach conducted or to be conducted by the organization to military families regarding the program.

"(c) Use of Support.—Support provided by the Secretary of Defense to an organization pursuant to subsection (a) shall be used by the organization to support attendance at a camp, or camp-like setting, of children of military families described in subsection (a)."

Establishment of Online Resources To Provide Information About Benefits and Services Available to Members of the Armed Forces and Their Families

Pub. L. 111–84, div. A, title V, §561, Oct. 28, 2009, 123 Stat. 2302, as amended by Pub. L. 118–159, div. A, title VI, §634, Dec. 23, 2024, 138 Stat. 1937, provided that:

"(a) Internet Outreach Website.—

"(1) Establishment.—The Secretary of Defense shall establish an Internet website or other online resources for the purpose of providing comprehensive information to members of the Armed Forces and their families about the benefits and services described in subsection (b) that are available to members of the Armed Forces and their families.

"(2) Contact information.—The online resources shall provide contact information, both telephone and e-mail, that a member of the Armed Forces or dependent of the member can use to get specific information about benefits and services that may be available for the member or dependent.

"(b) Covered Benefits and Services.—The information provided through the online resources established pursuant to subsection (a) shall include information regarding the following benefits and services that may be available to a member of the Armed Forces and dependents of the member:

"(1) Financial compensation, including financial counseling.

"(2) Health care and life insurance programs.

"(3) Death benefits.

"(4) Entitlements and survivor benefits for dependents, including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation.

"(5) Educational assistance benefits, including limitations on and the transferability of such assistance.

"(6) Housing assistance benefits, including counseling.

"(7) Relocation planning and preparation.

"(8) Maintaining military records.

"(9) Legal assistance.

"(10) Quality of life programs.

"(11) Programs that encourage paternal engagement with the family.

"(12) Family and community programs.

"(13) Employment assistance upon separation or retirement of a member or for the spouse of the member.

"(14) Reserve component service for members completing service in a regular component.

"(15) Disability benefits, including offsets in connection with the receipt of such benefits.

"(16) Benefits and services provided under laws administered by the Secretary of Veterans Affairs.

"(17) Such other benefits and services as the Secretary of Defense considers appropriate.

"(c) Dissemination of Information on Availability on Online Resources.—The Secretaries of the military departments shall use public service announcements, publications, and such other announcements through the general media as the Secretaries consider appropriate to inform members of the Armed Forces and their families and the general public about the information available through the online resources established pursuant to subsection (a).

"(d) Implementation Report.—Not later than one year after the date of the enactment of this Act [Oct. 28, 2009], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the quality and scope of the online resources established pursuant to subsection (a) to provide information about benefits and services for members of the Armed Forces and their families."

Education and Treatment Services for Military Dependent Children With Autism

Pub. L. 110–181, div. A, title V, §587, Jan. 28, 2008, 122 Stat. 133, which related to comprehensive assessment of the availability of Federal, State, and local education and treatment services for military dependent children with autism, was repealed by Pub. L. 111–84, div. A, title V, §563(a)(3), Oct. 28, 2009, 123 Stat. 2307.

Joint Family Support Assistance Program

Pub. L. 109–364, div. A, title VI, §675, Oct. 17, 2006, 120 Stat. 2273, as amended by Pub. L. 111–383, div. A, title V, §584, Jan. 7, 2011, 124 Stat. 4228, provided that:

"(a) Program Required.—The Secretary of Defense shall carry out a joint family support assistance program for the purpose of providing to families of members of the Armed Forces the following types of assistance:

"(1) Financial and material assistance.

"(2) Mobile support services.

"(3) Sponsorship of volunteers and family support professionals for the delivery of support services.

"(4) Coordination of family assistance programs and activities provided by Military OneSource, Military Family Life Consultants, counselors, the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.

"(5) Facilitation of discussion on military family assistance programs, activities, and initiatives between and among the organizations, agencies, and entities referred to in paragraph (4).

"(6) Such other assistance that the Secretary considers appropriate.

"(b) Locations.—The Secretary of Defense shall carry out the program in not less than six areas of the United States selected by the Secretary. At least three of the areas selected for the program shall be areas that are geographically isolated from military installations.

"(c) Resources and Volunteers.—The Secretary of Defense shall provide personnel and other resources of the Department of Defense necessary for the implementation and operation of the program and may accept and utilize the services of non-Government volunteers and non-profit entities under the program.

"(d) Procedures.—The Secretary of Defense shall establish procedures for the operation of the program and for the provision of assistance to families of members of the Armed Forces under the program.

"(e) Relation to Family Support Centers.—The program is not intended to operate in lieu of existing family support centers, but is instead intended to augment the activities of the family support centers.

"(f) Implementation Plan.—

"(1) Plan required.—Not later than 90 days after the date on which funds are first obligated for the program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report setting forth a plan for the implementation of the program.

"(2) Elements.—The plan required under paragraph (1) shall include the following:

"(A) A description of the actions taken to select the areas in which the program will be conducted.

"(B) A description of the procedures established under subsection (d).

"(C) A review of proposed actions to be taken under the program to improve coordination of family assistance program and activities between and among the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities.

"(g) Report.—

"(1) Report required.—Not later than 270 days after the date on which funds are first obligated for the program, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the program.

"(2) Elements.—The report shall include the following:

"(A) A description of the program, including the areas in which the program is conducted, the procedures established under subsection (d) for operation of the program, and the assistance provided through the program for families of members of the Armed Forces.

"(B) An assessment of the effectiveness of the program in providing assistance to families of members of the Armed Forces.

"(C) An assessment of the advisability of extending the program or making it permanent.

"(h) Duration.—The authority to carry out the program shall expire on December 31, 2012."

Recognition of Military Families

Pub. L. 108–136, div. A, title V, §581, Nov. 24, 2003, 117 Stat. 1489, provided that:

"(a) Findings.—Congress makes the following findings:

"(1) The families of both active and reserve component members of the Armed Forces, through their sacrifices and their dedication to the Nation and its values, contribute immeasurably to the readiness of the Armed Forces.

"(2) Without the continued support of military families, the Nation's ability to sustain a high quality all-volunteer military force would be undermined.

"(3) In the perilous and challenging times of the global war on terrorism, with hundreds of thousands of active and reserve component military personnel deployed overseas in places of combat and other imminent danger, military families are making extraordinary sacrifices and will be required to do so for the foreseeable future.

"(4) Beginning in 1997, military family service and support centers have responded to the encouragement and support of private, non-profit organizations to recognize and honor the American military family during the Thanksgiving period each November.

"(b) Military Family Recognition.—In view of the findings in subsection (a), Congress determines that it is appropriate that special measures be taken annually to recognize and honor the American military family.

"(c) Department of Defense Programs and Activities.—The Secretary of Defense shall—

"(1) implement and sustain programs, including appropriate ceremonies and activities, to recognize and honor the contributions and sacrifices of the American military family, including families of both active and reserve component military personnel;

"(2) focus the celebration of the American military family during a specific period of each year to give full and proper recognition to those families; and

"(3) seek the assistance and support of appropriate civilian organizations, associations, and other entities (A) in carrying out the annual celebration of the American military family, and (B) in sustaining other, longer-term efforts to support the American military family."

Executive Documents

Supporting New American Service Members, Veterans, and Their Families

Memorandum of President of the United States, Dec. 22, 2016, 81 F.R. 95849, provided:

Memorandum for the Heads of Executive Departments and Agencies

My Administration has maintained a steadfast commitment to honor and serve the brave men and women who have served this country. Like all service members and veterans, foreign-born residents and naturalized citizens serving in the United States Armed Forces are shining examples of the American dream. These brave new Americans have taken the extraordinary step of answering the call to duty, to support and defend our country. Some have made the ultimate sacrifice for our country before becoming American citizens.

New American service members are undoubtedly a critical element of our national security. They risk their lives all over the world in the name of the United States, securing shipping lanes, protecting bases and embassies, providing medical assistance, and conducting humanitarian missions. Tens of thousands of lawful permanent residents and naturalized U.S. citizens currently serve in our Armed Forces. Many more are veterans who have served previously in the Armed Forces. Additionally, many U.S.-born service members have immediate family members who were born abroad.

Over the past decade, the Departments of Defense, Veterans Affairs, and Homeland Security have strengthened partnerships to provide services and opportunities to service members, veterans, and their families interacting with the U.S. immigration system. Indeed, since 2001, more than 110,000 service members have been naturalized and many were assisted in the process through partnerships such as the "Naturalization at Basic Training Initiative," which gives non-citizen enlistees the opportunity to naturalize during basic training. Despite these efforts, service members, veterans, and their families still face barriers to accessing immigration benefits and other assistance for which they may be eligible.

In light of the sacrifices that all of these individuals make and have made for our country, it is critical that executive departments and agencies (agencies) enhance collaboration and streamline processes to ensure that they receive the services and benefits they need and have earned. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, and to address the issues facing new American service members, veterans, and their families, I hereby direct as follows:

Section 1. Interagency Working Group to Support New American Service Members, Veterans, and their Families. There is established a Working Group to Support New American Service Members, Veterans, and their Families (Working Group) to coordinate records, benefits, and immigration and citizenship services for these service members, veterans, and their families. The Working Group shall convene its first meeting within 10 days of the date of this memorandum.

(a) The Working Group shall consist of representatives from:

(i) the Department of State;

(ii) the Department of Defense;

(iii) the Department of Justice;

(iv) the Department of Labor;

(v) the Department of Veterans Affairs; and

(vi) the Department of Homeland Security.

(b) The Working Group shall consult with additional agencies or offices, as appropriate.

Sec. 2. Mission and Functions of the Working Group. (a) The Working Group shall coordinate agency efforts to support service members, veterans, and their families who are navigating the immigration, veterans, and military systems. Such efforts shall include:

(i) coordinating the sharing of military records and other information relevant to immigration or veterans benefits;

(ii) enhancing awareness of naturalization and immigration benefits to provide timely assistance and information to service members, veterans, and their families;

(iii) coordinating and facilitating the process of adjudicating immigration applications and petitions; and

(iv) other efforts that further support service members, veterans, and their families.

(b) Within 30 days of the date of this memorandum, the Working Group shall develop an initial 3-year strategic action plan that details broad approaches to be taken to enhance access to services and benefits. This initial plan shall be supplemented by a more detailed plan, to be published within 120 days of the date of this memorandum that discusses the steps to be taken in greater detail. The Working Group shall also report periodically on its accomplishments and ongoing initiatives.

Sec. 3. Outreach. Consistent with the objectives of this memorandum and applicable law, the Working Group shall seek the views of representatives of private and nonprofit organizations; veterans and military service organizations; State, tribal, and local government agencies; elected officials; and other interested persons to inform the Working Group's plans.

Sec. 4. General Provisions. (a) The heads of agencies shall assist and provide information to the Working Group, consistent with applicable law, as may be necessary to carry out the functions of the Working Group. Each agency and office shall bear its own expense for carrying out activities related to the Working Group.

(b) Nothing in this memorandum shall be construed to impair or otherwise affect the authority granted by law to an executive department or an agency, or the head thereof, or the status of that department or agency within the Federal Government.

(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(e) The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.
10 U.S.C. § 2345 (2024) — Title 10: ARMED FORCES / Chapter 138 / Subchapter I / Section 2345: Liquidation of accrued credits and liabilities
Liquidation of accrued credits and liabilities
Status: in_force

(a) Credits and liabilities of the United States accrued as a result of acquisitions and transfers of logistic support, supplies, and services under the authority of this subchapter shall be liquidated not less often than once every 12 months by direct payment to the entity supplying such support, supplies, or services by the entity receiving such support, supplies, or services.

(b) Payment-in-kind or exchange entitlements accrued as a result of acquisitions and transfers of logistic support, supplies, and services under authority of this subchapter shall be satisfied within 12 months after the date of the delivery of the logistic support, supplies, or services.

(c)(1) Any credits of the United States accrued as a result of the provision of logistic support, supplies, and services under the authority of this subchapter that remain unliquidated more than 18 months after the date of delivery of the logistic support, supplies, or services may, at the option of the Secretary of Defense, with the concurrence of the Secretary of State, be liquidated by offsetting the credits against any amount owed by the Department of Defense, pursuant to a transaction or transactions concluded under the authority of this subchapter, to the government or international organization to which the logistic support, supplies, or services were provided by the United States.

(2) The amount of any credits offset pursuant to paragraph (1) shall be credited as specified in section 2346 of this title as if it were a receipt of the United States.

(Added Pub. L. 96–323, §2(a), Aug. 4, 1980, 94 Stat. 1018, §2325; renumbered §2345, Pub. L. 99–145, title XIII, §1304(a)(1), Nov. 8, 1985, 99 Stat. 741; amended Pub. L. 99–661, div. A, title XI, §1104(c), Nov. 14, 1986, 100 Stat. 3965; Pub. L. 101–189, div. A, title IX, §931(e)(1), Nov. 29, 1989, 103 Stat. 1535; Pub. L. 103–337, div. A, title XIII, §1317(e), Oct. 5, 1994, 108 Stat. 2900; Pub. L. 114–328, div. A, title X, §1083(a), Dec. 23, 2016, 130 Stat. 2420.)

Editorial Notes

Amendments

2016—Subsec. (c). Pub. L. 114–328 added subsec. (c).

1994—Subsec. (a). Pub. L. 103–337 substituted "12 months" for "three months".

1989—Subsecs. (a), (b). Pub. L. 101–189 substituted "this subchapter" for "this chapter".

1986—Pub. L. 99–661 designated existing provisions as subsec. (a) and added subsec. (b).

1985—Pub. L. 99–145 renumbered section 2325 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title X, §1083(b), Dec. 23, 2016, 130 Stat. 2420, provided that: "Subsection (c) of section 2345 of title 10, United States Code, as added by subsection (a), shall apply with respect to credits accrued by the United States that—

"(1) were accrued prior to, and remain unpaid as of, the date of the enactment of this Act [Dec. 23, 2016]; or

"(2) are accrued after the date of the enactment of this Act."

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 applicable with regard to any acquisition or transfer of logistic support, supplies, and services under authority of this subchapter that is initiated after Oct. 5, 1994, see section 1317(j) of Pub. L. 103–337, set out as a note under section 2341 of this title.
10 U.S.C. § 2802 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter I / Section 2802: Military construction projects
Military construction projects
Status: in_force

(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under section 210 of title 23) 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.

(c) In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to section 1105 of title 31 for the fiscal year in which a contract is proposed to be awarded for the project.

[(d) Repealed. Pub. L. 114–328, div. B, title XXVIII, §2811(b), Dec. 23, 2016, 130 Stat. 2716.]

(e)(1) If a construction project, land acquisition, or defense access road project described in paragraph (2) will be carried out pursuant to a provision of law other than a Military Construction Authorization Act, the Secretary concerned shall—

(A) comply with the congressional notification requirement contained in the provision of law under which the construction project, land acquisition, or defense access road project will be carried out and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant to the congressional notification requirement; or

(B) in the absence of such a congressional notification requirement, submit to the congressional defense committees, in an electronic medium pursuant to section 480 of this title, a report describing the construction project, land acquisition, or defense access road project at least 15 days before commencing the construction project, land acquisition, or defense access road project.

(2) Except as provided in paragraph (3), a construction project, land acquisition, or defense access road project subject to the notification requirement imposed by paragraph (1) is a construction project, land acquisition, or defense access road project that—

(A) is not specifically authorized in a Military Construction Authorization Act;

(B) will be carried out by a military department, Defense Agency, or Department of Defense Field Activity; and

(C) will be located on a military installation.

(3) This subsection does not apply to a construction project, land acquisition, or defense access road project described in paragraph (2) whose cost is less than or equal to the threshold amount specified in section 2805(b) of this title.

(f)(1) In addition to any other applicable consultation requirement pursuant to law or Department of Defense policy, if a proposed military construction project is likely to significantly impact tribal lands, known sacred sites, or tribal treaty rights, the Secretary concerned shall initiate consultation with the tribal government of each impacted Indian tribe—

(A) to determine the nature and extent of such impact;

(B) to determine whether such impact can be avoided or mitigated in the design and implementation of the project; and

(C) if such impact cannot be avoided, to develop feasible measures consistent with applicable law to mitigate the impact and estimate the cost of the mitigation measures.

(2) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned, to the extent possible at the time of such submission, shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and (C) of such paragraph.

(3) The requirement under paragraph (1) does not affect the obligation of the Secretary concerned to comply with any other applicable consultation requirement pursuant to law or Department of Defense policy.

(4) In this subsection:

(A) The term "Indian tribe" has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(B) The term "tribal government" means the recognized governing body of an Indian tribe.

(C) The term "sacred site" has the meaning given that term in Executive Order No. 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 154; amended Pub. L. 110–181, div. B, title XXVIII, §2802(a), Jan. 28, 2008, 122 Stat. 539; Pub. L. 110–417, div. B, title XXVIII, §2801(b), Oct. 14, 2008, 122 Stat. 4719; Pub. L. 113–66, div. B, title XXVIII, §2807(c), Dec. 26, 2013, 127 Stat. 1012; Pub. L. 113–291, div. B, title XXVIII, §§2801, 2803(b), Dec. 19, 2014, 128 Stat. 3695, 3697; Pub. L. 114–328, div. B, title XXVIII, §2811(b), (c), Dec. 23, 2016, 130 Stat. 2716; Pub. L. 115–91, div. A, title X, §1081(d)(15), Dec. 12, 2017, 131 Stat. 1600; Pub. L. 115–232, div. B, title XXVIII, §2803, Aug. 13, 2018, 132 Stat. 2261; Pub. L. 116–92, div. A, title XVII, §1731(a)(53), div. B, title XXVIII, §2802, Dec. 20, 2019, 133 Stat. 1815, 1881.)

Editorial Notes

References in Text

Executive Order No. 13007, referred to in subsec. (f)(4)(C), is Ex. Ord. No. 13007, May 24, 1996, 61 F.R. 26771, which is set out as a note under section 1996 of Title 42, The Public Health and Welfare.

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (f)(4)(C), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.

Amendments

2019—Subsec. (e)(1). Pub. L. 116–92, §1731(a)(53), substituted "shall—" for "shall" and inserted subpar. (A) designation before "comply with the congressional notification requirement".

Subsec. (f). Pub. L. 116–92, §2802, added subsec. (f).

2018—Subsec. (e)(1). Pub. L. 115–232 substituted "Secretary concerned shall" for "Secretary concerned shall—", struck out subpar. (A) designation before "comply with the congressional notification requirement", and inserted "and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant to the congressional notification requirement" after "road project will be carried out".

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

2016—Subsec. (d). Pub. L. 114–328, §2811(b), struck out subsec. (d) which related to requirements for military construction projects funded through payments-in-kind or in-kind contributions, inclusion of such projects in budget justification documents, and exceptions to those requirements.

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

2014—Subsec. (d). Pub. L. 113–291, §2803(b), which substituted "payments-in-kind or in-kind contributions" for "payment-in-kind contributions" in par. (1), added par. (3) and struck out former par. (3) which described certain military construction projects to which subsec. (d) did not apply, and substituted "paragraph (3), by reference to section 2687a(f)(4)(D) of this title," for "paragraph (3)(C)" in par. (4), was repealed by Pub. L. 114–328, §2811(c), as amended by Pub. L. 115–91, §1081(d)(15).

Subsec. (e). Pub. L. 113–291, §2801, added subsec. (e).

2013—Subsec. (d). Pub. L. 113–66 added subsec. (d).

2008—Subsec. (a). Pub. L. 110–181 inserted ", land acquisitions, and defense access road projects (as described under section 210 of title 23)" after "military construction projects".

Subsec. (c). Pub. L. 110–417 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

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

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.

Pilot Program To Optimize and Consolidate Department of Defense Facilities To Improve Health and Resiliency in Defense Communities

Pub. L. 118–159, div. B, title XXVIII, §2848, Dec. 23, 2024, 138 Stat. 2266, provided that:

"(a) Establishment.—Using funds available for minor military construction, the Secretary of Defense may conduct a pilot program to—

"(1) conduct a study to assess the feasability [sic] and effectiveness of the implementation of a more comprehensive initiative to optimize the total square footage of facilities maintained by the Department of Defense; and

"(2) subject to the requirements of subsection (b) carry out military construction projects, not otherwise authorized by law, to—

"(A) optimize and consolidate facilities, including leased facilities, to ensure the scale and scope of the infrastructure footprint of such facilities aligns with the operational needs of the Department; and

"(B) create more resilient and healthy communities located on military installations.

"(b) Military Construction Projects Authorized.—

"(1) Requirements.—The Secretary may carry out a military construction project under such pilot program if—

"(A) the facilities subject to such a military construction project are occupied as of the date of the commencement of such military construction project;

"(B) except as provided in paragraph (2), such facilities are demolished pursuant to such military construction project;

"(C) in the case of a facility subject to such a military construction project that is leased by the Department, the Secretary terminates the lease for such facility, expect as provided in paragraph (2); and

"(D) the military construction project will result in new facilities that have at least 20 percent less square footage (or equivalent unit of measure) than the facilities subject to such military construction project;

"(E) the Secretary conducts an economic analysis of the military construction project that accounts for anticipated cost requirements for the design, construction, sustainment, restoration, modernization, operation, and demolition of new and existing facilities subject to such military construction project; and

"(F) the results of such economic analysis support a positive net present value over a 20-year period.

"(2) Exception.—The requirements of subparagraphs (B) and (C) of paragraph (1) shall not apply to a facility that is subject to a military construction project under the pilot program if the Secretary determines that such facility will be an integral part of new facilities constructed pursuant to such military construction project.

"(3) Project cost.—A military construction project carried out under such pilot program may not exceed a total cost of $25,000,000.

"(4) Limitation.—Not more than five military construction projects may be carried out under the pilot program.

"(c) Congressional Notification.—

"(1) In general.—Not later than 14 days before awarding a contract for a military construction project under such pilot program, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] notice of such military construction project.

"(2) Elements.—Such notice shall include, with respect to the military construction project covered by such notice—

"(A) the justification and current cost estimate;

"(B) the expected savings-to-investment ratio;

"(C) simple payback estimates;

"(D) the measurement and verification cost estimate; and

"(E) a description of how the project would improve the functions of the supported military department and the efficient management of real property of the Department of Defense.

"(d) Report.—

"(1) In general.—Not later than 18 months after the date of the enactment of this section [Dec. 23, 2024], the Secretary shall submit to the congressional defense committees a report on completed military construction projects carried out pursuant to the pilot program.

"(2) Elements.—Such report shall include, for each military construction project covered by the report, the following:

"(A) The title and location of the military construction project, a brief description of the scope of work, the original project cost estimate, and the completed total project cost.

"(B) The original expected savings-to-investment ratio, simple payback estimates included in the notice required under subsection (c), annual recurring savings, 20-year net present value, annual return on investment, and measurement and verification cost estimate.

"(C) The actual savings-to-investment ratio, and simple payback estimates, annual recurring savings, 20-year net present value, annual return on investment, and measurement and verification cost estimate.

"(D) A brief description of the measurement and verification plan and planned funding source, to include the net change in the square footage (or other unit of measure) reduction accomplished by the military construction project.

"(E) How the military construction project improved the functions of and the efficient management of real property by the supported military department or entity using the applicable facility.

"(F) Such other information as the Secretary considers appropriate.

"(e) Sunset.—

"(1) Termination date.—Except as provided in paragraph (2), the authority of the Secretary to carry out a military construction project under the pilot program shall terminate on the date that is three years after the date of the enactment of this section.

"(2) Exception.—If the Secretary submits a congressional notification under subsection (d) before the date that is three years after the date of the enactment of this section, the covered project that is the subject of such notification may be carried out to completion.

"(f) Definitions.—In this section, the terms 'facility' and 'military construction project' have the meanings given such terms, respectively, in section 2801 of title 10, United States Code."

Guidance Regarding Maintenance of Aggregate Square Footage of Facilities of Department of Defense

Pub. L. 118–159, div. B, title XXVIII, §2849, Dec. 23, 2024, 138 Stat. 2268, provided that:

"(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue guidance regarding the maintenance of the aggregate square footage of facilities of the Department of Defense, which shall be designated as '1 in 1 out guidance', pursuant to the requirements of this section.

"(b) Maintenance of Square Footage.—Guidance required under subsection (a) shall ensure that every square footage of growth of a facility is offset with an equivalent reduction in square footage by—

"(1) a funded disposal action; or

"(2) identifying facilities to be entered into a contingency operational status.

"(c) Documentation.—Upon completion of the design phase of a project that results in the growth of a facility, the Secretary of Defense shall update the Department of Defense Form 1391 for such project to identify the reduction in square footage to accompany such increase.

"(d) Submission.—Not later than 15 days after the date of submission of the defense budget materials for fiscal year 2026 (as submitted to Congress in support of the budget of the President under section 1105(a) of title 31, United States Code), and for each subsequent submission thereafter, each Secretary of a military department shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]—

"(1) a list of facilities scheduled for a disposal action described in subsection (b) for the fiscal year covered by the submission and the subsequent fiscal year; and

"(2) a list of facilities, disaggregated by military installation, for which a disposal action has been completed during the fiscal year preceding the date of the submission.

"(e) Application.—This section and the requirements of this section shall apply to—

"(1) military construction or unspecified minor military construction (as defined under section 2805 of title 10, United States Code) funded in fiscal year 2027 or a subsequent fiscal year; and

"(2) other sources of growth on or after the date of the enactment of this Act [Dec. 23, 2024].

"(f) Exceptions.—This section and the requirements of this section do not apply to the following:

"(1) The Sentinel intercontinental ballistic missile weapon system program.

"(2) Public shipyards covered by the Shipyard Infrastructure Optimization Program.

"(3) MHPI housing (as defined under section 606 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871 note).

"(g) Growth of a Facility Defined.—In this section, the term 'growth of a facility' means, with respect to a facility (as defined in section 2801 of title 10, United States Code), an increase in the square footage of such facility due to—

"(1) carrying out a military construction project or an unspecified minor military construction project (pursuant to section 2805 of title 10, United States Code);

"(2) acquisition of an existing facility on land owned by a military department;

"(3) a gift of construction;

"(4) construction of a facility carried out through the use of nonappropriated funds, private funds, or family housing funds, if the facility will be sustained with appropriated operation and maintenance funds; or

"(5) the use of appropriated funds to sustain a facility that was previously sustained with nonappropriated funds, private funds, or family housing funds."

Notification to Members of Congress for Awards of Contracts for Military Construction Projects

Pub. L. 118–159, div. B, title XXVIII, §2874, Dec. 23, 2024, 138 Stat. 2283, provided that:

"(a) Notification Required.—Not later than 30 days after the date of award of a contract for a military construction project, the Secretary of the military department with jurisdiction over such project shall notify the following Members of Congress:

"(1) Any Member representing the State in which such contract will be performed.

"(2) Any Member representing the State in which the contractor awarded such contract is a constituent of such Member.

"(b) Elements.—A notification under subsection (a) shall include the following:

"(1) The proposed value of the contract.

"(2) The contractor awarded the contract.

"(3) A brief description of the project that is the subject of the contract, including the location in which the contract will be performed."

Designation of Officials Responsible for Coordination of Infrastructure Projects To Support Additional Members of the Armed Forces and Their Families in the Indo-Pacific Region

Pub. L. 118–159, div. B, title XXVIII, §2880, Dec. 23, 2024, 138 Stat. 2290, provided that:

"(a) In General.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall designate two officials employed by the Department of Defense or a military department as of the date of the enactment of this Act as follows:

"(1) One official shall be responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in Hawaii.

"(2) One official shall be responsible for coordination of infrastructure projects to support additional members of the Armed Forces and their families in Guam and the Northern Mariana Islands.

"(b) Duties.—Each official described in subsection (a) shall, in coordination with appropriate officials from the military departments and the United States Indo-Pacific Command—

"(1) coordinate Department of Defense-wide efforts relating to the infrastructure needs associated with the significant addition of members of the Armed Forces and their families to the region for which such official is the designated official pursuant to subsection (a) during the 10-year period following the date of the enactment of this Act;

"(2) analyze the expected impact on State and local government services of—

"(A) military infrastructure projects in the designated region of such official; and

"(B) the significant addition of members of the Armed Forces and their families as described in paragraph (1); and

"(3) ensure clear and consistent communication to State and local elected officials and the public in the designated region of such official regarding the infrastructure needs and priorities of the Department of Defense, including conveying any finding or conclusion regarding the expected impact described in paragraph (2)(B).

"(c) Selection.—

"(1) Hawaii.—For the designation under paragraph (1) [of] subsection (a), the Secretary of Defense may appoint an individual with significant background and expertise in—

"(A) the legal and technical aspects of city planning, State and local government services, and military infrastructure; and

"(B) liaising with State and local elected officials and the public.

"(2) Guam and the northern mariana islands.—For the designation under paragraph (2) of subsection (a), the Secretary of Defense shall appoint the Under Secretary of the Navy.

"(d) Notification.—For the designations under paragraph (1) and paragraph (2) of subsection (a), the Secretary of Defense shall, not later than 30 days after the date of the designation, submit to the congressional defense committees and the Governor of Hawaii or the Governors of Guam and the Northern Mariana Islands, respectively, a notification that includes the name and contact information of the individual so designated."

Inclusion on Department of Defense Form 1391 of Information on Consideration of Certain Methods of Construction for Certain Military Construction Projects

Pub. L. 118–31, div. B, title XXVIII, §2808, Dec. 22, 2023, 137 Stat. 746, provided that:

"(a) In General.—As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a covered military construction project, each covered official shall, to the extent practicable, include information on whether all relevant construction materials and methods of construction included in the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) were considered in the design of such covered military construction project.

"(b) Definitions.—In this section:

"(1) The terms 'appropriate committees of Congress' and 'military construction project' have the meanings given in section 2801 of title 10, United States Code.

"(2) The term 'covered military construction project' means a military construction project with an estimated total cost in excess of $9,000,000.

"(3) The term 'covered official' means—

"(A) the Secretary of Defense; and

"(B) each Secretary of a military department."

Inclusion of Military Installation Resilience in Real Property Management and Installation Master Planning of Department

Pub. L. 118–31, div. B, title XXVIII, §2857, Dec. 22, 2023, 137 Stat. 767, provided that:

"(a) [sic; there is no subsec. (b)] In General.—Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall—

"(1) update Department of Defense Instruction 4165.70 (relating to real property management) and Unified Facilities Criteria 2–100–01 (relating to installation master planning) to—

"(A) include a requirement to incorporate the impact of military installation resilience in all installation master plans;

"(B) include a list of all sources of information approved by the Department of Defense;

"(C) define the 17 identified military installation resilience hazards to ensure that the impacts from such hazards are reported consistently across the Department;

"(D) require each commander of a military installation to address the rationale for determining that any such hazard is not applicable to the military installation concerned;

"(E) standardize reporting formats for military installation resilience plans;

"(F) establish and define standardized risk rating categories for the use by each Secretary of a military department; and

"(G) define criteria for determining the level of risk to a military installation to compare hazards between military departments; and

"(2) require each Secretary of a military department to update the handbook for the military department concerned to incorporate the requirements under paragraph (1)."

Consideration of Installation of Integrated Solar Roofing To Improve Energy Resiliency of Military Installations

Pub. L. 117–263, div. B, title XXVIII, §2810, Dec. 23, 2022, 136 Stat. 2997, provided that: "The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing integrated solar roofing as part of the project, for the purpose of—

"(1) promoting on-installation energy security and energy resilience;

"(2) providing grid support to avoid energy disruptions; and

"(3) facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code."

Revision of Unified Facilities Guide Specifications and Unified Facilities Criteria To Include Specifications on Use of Gas Insulated Switchgear and Criteria and Specifications on Microgrids and Microgrid Converters

Pub. L. 117–263, div. B, title XXVIII, §2811, Dec. 23, 2022, 136 Stat. 2997, provided that:

"(a) Gas Insulated Switchgear.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Under Secretary of Defense for Acquisition and Sustainment shall modify the Unified Facilities Guide Specifications to include a distinct specification for medium voltage gas insulated switchgear.

"(b) Microgrids.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall—

"(1) modify the Unified Facilities Criteria to include criteria for microgrids; and

"(2) modify the Unified Facilities Guide Specifications to include specifications for microgrids and microgrid controllers."

Determination and Notification Relating to Executive Orders That Impact Cost and Scope of Work of Military Construction Projects

Pub. L. 117–263, div. B, title XXVIII, §2812, Dec. 23, 2022, 136 Stat. 2997, provided that:

"(a) Determination and Update of Form 1391.—Not later than 30 days after the date on which an Executive order is signed by the President, the Secretary concerned shall—

"(1) determine whether implementation of the Executive order would cause a cost or scope of work variation for a military construction project under the jurisdiction of the Secretary concerned;

"(2) assess the potential for life-cycle cost savings associated with implementation of the Executive order for such a project; and

"(3) update the Department of Defense Form 1391 for each such project that has not been submitted for congressional consideration, where such implementation would affect such cost or scope of work variation, including—

"(A) projects to be commenced in the next fiscal year beginning after the date on which the Executive order was signed; and

"(B) projects covered by the future-years defense program submitted under section 221 of title 10, United States Code.

"(b) Notification to Congress.—Not later than 10 days after determining under subsection (a)(1) that implementation of an Executive order would cause a cost or scope of work variation for a military construction project, the Secretary concerned shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report indicating the estimated cost increases, scope of work increases, life-cycle costs, and any other impacts of such implementation.

"(c) Certification.—Along with the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code, each Secretary concerned shall certify to Congress that each Department of Defense Form 1391 provided to Congress for that fiscal year for a military construction project has been updated with any cost or scope of work variation specified in subsection (a)(1) with respect to an Executive order signed during the four-year period preceding such certification, including an indication of any cost increases for such project that is directly attributable to such Executive order.

"(d) Secretary Concerned Defined.—In this section, the term 'Secretary concerned' has the meaning given that term in section 101 of title 10, United States Code."

Requirement for Inclusion of Department of Defense Forms 1391 With Annual Budget Submission by President

Pub. L. 117–263, div. B, title XXVIII, §2813, Dec. 23, 2022, 136 Stat. 2998, provided that: "Concurrently with the submission to Congress by the President of the annual budget of the Department of Defense for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include each Department of Defense Form 1391, or successor similar form, for a military construction project to be carried out during that fiscal year."

Electrical Charging Capability Construction Requirements Relating to Parking for Federal Government Motor Vehicles

Pub. L. 117–263, div. B, title XXVIII, §2875, Dec. 23, 2022, 136 Stat. 3014, provided that:

"(a) In General.—If the Secretary concerned develops plans for a project to construct any facility that includes or will include parking for covered motor vehicles, the Secretary concerned shall include in any Department of Defense Form 1391, or successor form, submitted to Congress for that project—

"(1) the provision of electric vehicle charging capability at the facility adequate to provide electrical charging, concurrently, for not less than 15 percent of all covered motor vehicles planned to be parked at the facility;

"(2) the inclusion of the cost of constructing such capability in the overall cost of the project; and

"(3) an analysis of whether a parking structure or lot will be the primary charging area for covered motor vehicles or if another area, such as public works or the motor pool, will be the primary charging area.

"(b) Definitions.—In this section:

"(1) The term 'covered motor vehicle' means a Federal Government motor vehicle, including a motor vehicle leased by the Federal Government.

"(2) The term 'Secretary concerned' means—

"(A) the Secretary of a military department with respect to facilities under the jurisdiction of that Secretary; and

"(B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States."

Amendment of Unified Facilities Criteria To Require Inclusion of Private Nursing and Lactation Space in Certain Military Construction Projects

Pub. L. 117–81, div. B, title XXVIII, §2841, Dec. 27, 2021, 135 Stat. 2201, provided that:

"(a) Amendment Required.—The Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose.

"(b) Deadline.—The Secretary of Defense shall complete the amendment process required by subsection (a) and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act [Dec. 27, 2021]."

Revisions to Unified Facilities Criteria Regarding Use of Variable Refrigerant Flow Systems

Pub. L. 117–81, div. B, title XXVIII, §2842, Dec. 27, 2021, 135 Stat. 2201, provided that:

"(a) Publication and Comment Period Requirements.—The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days.

"(b) Notice and Justification Requirements.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register."

Amendment of Unified Facilities Criteria To Promote Energy Efficient Military Installations

Pub. L. 117–81, div. B, title XXVIII, §2843, Dec. 27, 2021, 135 Stat. 2202, provided that:

"(a) Unified Facilities Criteria Amendment Required.—To the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019.

"(b) Implementation of Amendment.—The Secretary of Defense shall complete the amendment process required by subsection (a) in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection.

"(c) Reporting Requirement.—Not later than February 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report—

"(1) describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and

"(2) in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation."

Additional Department of Defense Activities To Improve Energy Resiliency of Military Installations

Pub. L. 117–81, div. B, title XXVIII, §2844, Dec. 27, 2021, 135 Stat. 2202, provided that:

"(a) Consideration of Including Energy Microgrid in Military Construction Projects.—

"(1) Amendment of unified facilities criteria required.—The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of—

"(A) promoting on-installation energy security and energy resilience; and

"(B) facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283).

"(2) Deadline.—The Secretary of Defense shall complete the amendment process required by paragraph (1) and implement the amendment not later than September 1, 2022.

"(b) Contracts for Emergency Access to Existing On-installation Renewable Energy Sources.—In the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under section 2667 of title 10, United States Code, the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure.

"(c) Definitions.—In this section:

"(1) The term 'covered renewable energy generating source' means a renewable energy generating source that, on the date of the enactment of this Act [Dec. 27, 2021]—

"(A) is located on a military installation inside the United States; but

"(B) cannot be used as a direct source of resilient energy for the installation in the event of a power disruption.

"(2) The term 'islanding capability' refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply.

"(3) The term 'microgrid' means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid."

Pilot Program on Increased Use of Sustainable Building Materials in Military Construction

Pub. L. 117–81, div. B, title XXVIII, §2861, Dec. 27, 2021, 135 Stat. 2212, as amended by Pub. L. 117–263, div. B, title XXVIII, §2865, Dec. 23, 2022, 136 Stat. 3011; Pub. L. 118–31, div. B, title XXVIII, §2871, Dec. 22, 2023, 137 Stat. 775, provided that:

"(a) Pilot Program Required.—Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction.

"(b) Project Selection and Locations.—

"(1) Minimum number of projects.—Each Secretary of a military department shall carry out, under the pilot program, at least—

"(A) one military construction project for mass timber; and

"(B) one military construction project for low carbon concrete.

"(2) Project locations.—The pilot program shall be conducted at military installations in the United States—

"(A) that are identified as vulnerable to extreme weather events; and—

"(B) for which a military construction project is authorized but a request for proposal has not been released.

"(c) Inclusion of Military Unaccompanied Housing Project.—The Secretaries of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing.

"(d) Duration of Program.—The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2025. Any construction commenced under the pilot program before the expiration date may continue to completion.

"(e) Deadline for Commencement of Construction.—Any construction pursuant to a military construction project carried out under the pilot program must commence by not later than January 1, 2025.

"(f) Reporting Requirement.—

"(1) Report required.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], and every 180 days thereafter through December 31, 2025, the Secretaries of the military departments shall submit to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a report on the progress of the pilot program.

"(2) Report elements.—The report shall include the following:

"(A) A description of the status of the military construction projects selected to be conducted under the pilot program.

"(B) An explanation of the reasons why those military construction projects were selected.

"(C) An analysis of the following:

"(i) The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program.

"(ii) The life cycle costs of the various sustainable building materials evaluated in the pilot program.

"(iii) The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program.

"(iv) Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program.

"(v) The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction.

"(D) Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.

"(g) Sustainable Building Materials Defined.—In this section, the term 'sustainable building material' means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials."

Pilot Program To Authorize Additional Military Construction Projects for Child Development Centers at Military Installations

Pub. L. 116–283, div. B, title XXVIII, §2865, Jan. 1, 2021, 134 Stat. 4360, provided that:

"(a) Authorization of Additional Projects.—Each Secretary of a military department shall conduct a pilot program under which the Secretary may carry out military construction projects for child development centers at military installations, as specified in the funding table in section 4601 of a National Defense Authorization Act for a fiscal year covered by the pilot program. The military construction projects authorized under the pilot program are in addition to other military construction projects authorized by this Act or other National Defense Authorization Acts for fiscal years covered by the pilot program.

"(b) Reporting Requirement as Condition of Authorization.—

"(1) Report required.—Not later than 90 days after the date of the enactment of a National Defense Authorization Act for a fiscal year covered by the pilot program, the Secretary of the military department concerned shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that describes the location, title, and cost, together with a Department of Defense Form 1391, for each military construction project the Secretary proposes to carry out under the pilot program pursuant to that National Defense Authorization Act.

"(2) Timing of availability of funds.—No funds may be obligated or expended for a military construction project under the pilot program—

"(A) unless the project is included in a report submitted under paragraph (1); and

"(B) until the expiration of the 30-day period beginning on the date on which the Secretary concerned submits the report under paragraph (1) in which the project is included.

"(c) Expiration of Authorization.—Section 2002 of a National Defense Authorization Act for a fiscal year covered by the pilot program shall apply with respect to the authorization of a military construction project carried out under the pilot program pursuant to that National Defense Authorization Act in the same manner as such section applies to the authorization of military construction projects contained in titles XXI through XXIII of that National Defense Authorization Act.

"(d) Covered Fiscal Years.—The pilot program shall be carried out for each of fiscal years 2021 through 2025, as provided in the National Defense Authorization Act for that fiscal year."

Amendment of Unified Facilities Criteria To Promote Military Installation Resilience, Energy Resilience, Energy and Climate Resiliency, and Cyber Resilience

Pub. L. 116–92, div. B, title XXVIII, §2804, Dec. 20, 2019, 133 Stat. 1882, provided that:

"(a) Amendment Required.—

"(1) In general.—Not later than September 1, 2020, the Secretary of Defense shall amend the Unified Facility Criteria relating to military construction planning and design, to ensure that building practices and standards of the Department of Defense promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.

"(2) Considerations and consultation.—In preparing amendments pursuant to paragraph (1), the Secretary of Defense—

"(A) shall take into account historical data, current conditions, and sea level rise projections; and

"(B) may consult with the heads of other Federal departments and agencies with expertise regarding military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.

"(b) Conditional Availability of Funds.—Not more than 25 percent of the funds authorized to be appropriated for fiscal year 2020 for Department of Defense planning and design accounts relating to military construction projects may be obligated until the date on which the Secretary of Defense submits to the Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary—

"(1) has initiated the amendment process required by subsection (a)(1); and

"(2) intends to complete such process by September 1, 2020.

"(c) Update of Unified Facilities Criteria to Include Changing Environmental Condition Projections.—[Amended section 2805(c) of Pub. L. 115–232, set out as a note under section 2864 of this title.]

"(d) Implementation of Unified Facilities Criteria Amendments.—

"(1) Implementation.—Any Department of Defense Form 1391 submitted to Congress after September 1, 2020 shall comply with the Unified Facility Criteria, as amended pursuant to this section.

"(2) Certification.—Not later than March 1, 2021, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion and full incorporation into military construction planning and design—

"(A) amendments made pursuant to subsection (a); and

"(B) amendments made pursuant to section 2805(c) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2864 note), as amended by subsection (c).

"(e) Annual Review.—Beginning with fiscal year 2022, and annually thereafter, the Secretary of Defense shall conduct a review comparing the Unified Facility Criteria and industry best practices, for the purpose of ensuring that military construction building practices and standards of the Department of Defense relating to military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience remain up-to-date.

"(f) Definitions.—In this section:

"(1) The terms 'energy resilience' and 'military installation resilience' have the meanings given those terms in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)].

"(2) The term 'energy and climate resiliency' has the meaning given that term in section 2864 of title 10, United States Code."

Modification to Department of Defense Form 1391 Regarding Consideration of Potential Long-Term Adverse Environmental Effects

Pub. L. 116–92, div. B, title XXVIII, §2805, Dec. 20, 2019, 133 Stat. 1884, provided that:

"(a) Modification.—

"(1) Certification requirement.—The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval, the inclusion of a certification by the Secretary of Defense or the Secretary of the military department concerned that the proposed military construction project takes into consideration—

"(A) the potential adverse consequences of long-term changes in environmental conditions, such as increasingly frequent extreme weather events, that could affect the military installation resilience of the installation for which the military construction project is proposed; and

"(B) building requirements in effect for the locality in which the military construction project is proposed and industry best practices that are developed to withstand extreme weather events and other consequences of changes in environmental conditions.

"(2) Elements of certification.—As part of the certification required by paragraph (1) for a proposed military construction project, the Secretary concerned shall identify the potential changes in environmental conditions, such as increasingly frequent extreme weather events, considered and addressed under subparagraphs (A) and (B) of paragraph (1).

"(b) Relation to Recent Modification Requirement.—The modification of Department of Defense Form 1391 required by subsection (a) is in addition to, and expands upon, the modification of Department of Defense Form 1391 with respect to flood risk disclosure for military construction required by section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note).

"(c) Military Installation Resilience Defined.—In this section, the term 'military installation resilience' has the meaning given that term in section 101(e)(8) of title 10, United States Code [now 10 U.S.C. 101(f)(8)]."

Pilot Program To Extend Service Life of Roads and Runways Under the Jurisdiction of the Secretary of Defense

Pub. L. 116–92, div. B, title XXVIII, §2865, Dec. 20, 2019, 133 Stat. 1901, provided that:

"(a) Pilot Program Authorized.—The Secretary of Defense, in consultation with the Secretary of Transportation, may carry out a pilot program to design, build, and test technologies, techniques, and materials in order to extend the service life of roads and runways under the jurisdiction of the Secretary of Defense.

"(b) Scope.—The pilot program under subsection (a) shall include the following:

"(1) The design, testing, and assembly of technologies and systems suitable for pavement applications.

"(2) Research, development, and testing of pavement materials for use in different geographic areas in the United States.

"(3) The design and procurement of platforms and equipment to test the performance, cost, feasibility, and effectiveness of the technologies, systems, and materials described in paragraphs (1) and (2).

"(c) Award of Contracts or Grants.—

"(1) In general.—The Secretary of Defense may carry out the pilot program under subsection (a) through the award of contracts or grants for the designing, building, or testing of technologies, techniques, and materials under the pilot program.

"(2) Merit-based selection.—Any award of a contract or grant under the pilot program under subsection (a) shall be made using merit-based selection procedures.

"(d) Report.—

"(1) In general.—Not later than two years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the pilot program.

"(2) Contents.—The report under paragraph (1) with respect to the pilot program shall include the following:

"(A) An assessment of the effectiveness of activities under the pilot program in improving the service life of roads and runways under the jurisdiction of the Secretary.

"(B) An analysis of the potential lifetime cost savings and reduction in energy demands associated with the extended service life of such roads and runways.

"(e) Termination of Authority.—The pilot program under subsection (a) shall terminate on September 30, 2024."

Updates and Modifications to Department of Defense Form 1391, Unified Facilities Criteria, and Military Installation Master Plans

Pub. L. 117–81, div. B, title XXVIII, §2805(d), Dec. 27, 2021, 135 Stat. 2189, provided that:

"(1) Amendment required.—Not later than September 1, 2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note), as amended by this section.

"(2) Implementation of unified facilities criteria amendments.—

"(A) Implementation.—Any Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1).

"(B) Certification.—Not later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph (1) and the full incorporation of the amendments into military construction planning and design."

Pub. L. 115–232, div. B, title XXVIII, §2805(a), (b), Aug. 13, 2018, 132 Stat. 2262, as amended by Pub. L. 116–92, div. B, title XXVIII, §2806, Dec. 20, 2019, 133 Stat. 1884; Pub. L. 117–81, div. B, title XXVIII, §2805(a)–(c), Dec. 27, 2021, 135 Stat. 2189, provided that:

"(a) Flood Risk Disclosure for Military Construction.—

"(1) In general.—The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval—

"(A) disclosure whether a proposed project will be sited within or partially within a 100-year floodplain or a 500-year floodplain if outside a 100-year floodplain, according to the most recent available Federal Emergency Management Agency flood hazard data, or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project; and

"(B) if the proposed project will be sited within or partially within a floodplain described in subparagraph (A) or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project, the specific risk mitigation plan.

"(2) Delineation of floodplain.—To the extent that Federal Emergency Management Agency flood hazard data are not available for a proposed major or minor military construction site, the Secretary concerned shall establish a process for delineating the 100-year floodplain using risk analysis that is consistent with the standards used to inform Federal flood risk assessments.

"(3) Reporting requirements.—For proposed projects that are to be sited within or partially within a 100-year floodplain or are to be impacted by projected current and future mean sea level fluctuations over the lifetime of the project, the Secretary concerned shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report with the following:

"(A) An assessment of flood vulnerability for the proposed project using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes.

"(B) Any information concerning alternative construction sites that were considered, and an explanation of why those sites do not satisfy mission requirements.

"(C) A description of planned flood mitigation measures.

"(D) A description of how the proposed project has taken into account projected current and future flood risk and mean sea level fluctuations over the lifetime of the project.

"(4) Minimum flood mitigation requirements.—When mitigating the flood risk of a major or minor military construction project within or partially within the 100-year floodplain or that will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project, the Secretary concerned shall require any mitigation plan to assume—

"(A) an additional 2 feet above the base flood elevation for non-mission critical facilities, as determined by the Secretary;

"(B) an additional 3 feet above the base flood elevation for mission-critical facilities, as determined by the Secretary; and

"(C) any additional flooding that will result from projected current and future flood risk and mean sea level fluctuations over the lifetime of the project.

"(b) Disclosure Requirements for Department of Defense Form 1391.—Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall amend Department of Defense Form 1391 to require, for each requested military construction project—

"(1) disclosure whether the project was included in the prior year's future-years defense program submitted to Congress pursuant to section 221 of title 10, United States Code; and

"(2) inclusion of an energy study or life cycle analysis."

Requirements Related to Providing World Class Military Medical Centers

Pub. L. 111–383, div. B, title XXVIII, §2852, Jan. 7, 2011, 124 Stat. 4475, provided that:

"(a) Unified Construction Standard for Military Construction and Repairs to Military Medical Centers.—Not later than 180 days after the date of the enactment of this Act [Jan. 7, 2011], the Secretary of Defense shall establish a unified construction standard for military construction and repairs for military medical centers that provides a single standard of care. This standard shall also include—

"(1) size standards for operating rooms and patient recovery rooms; and

"(2) such other construction standards that the Secretary considers necessary to support military medical centers.

"(b) Independent Review Panel.—

"(1) Establishment; purpose.—The Secretary of Defense shall establish an independent advisory panel for the purpose of—

"(A) reviewing the unified construction standards established pursuant to subsection (a) to determine the standards consistency with industry practices and benchmarks for world class medical construction;

"(B) reviewing ongoing construction programs within the Department of Defense to ensure medical construction standards are uniformly applied across applicable military medical centers;

"(C) assessing the approach of the Department of Defense approach to planning and programming facility improvements with specific emphasis on—

"(i) facility selection criteria and proportional assessment system; and

"(ii) facility programming responsibilities between the Assistant Secretary of Defense for Health Affairs and the Secretaries of the military departments;

"(D) assessing whether the Comprehensive Master Plan for the National Capital Region Medical, dated April 2010, is adequate to fulfill statutory requirements, as required by section 2714 of the Military Construction Authorization Act for Fiscal Year 2010 (division B of Public Law 111–84; 123 Stat. 2656), to ensure that the facilities and organizational structure described in the plan result in world class military medical centers in the National Capital Region; and

"(E) making recommendations regarding any adjustments of the master plan referred to in subparagraph (D) that are needed to ensure the provision of world class military medical centers and delivery system in the National Capital Region.

"(2) Members.—

"(A) Appointments by secretary.—The panel shall be composed of such members as determined by the Secretary of Defense, except that the Secretary shall include as members—

"(i) medical facility design experts;

"(ii) military healthcare professionals;

"(iii) representatives of premier health care centers in the United States; and

"(iv) former retired senior military officers with joint operational and budgetary experience.

"(B) Congressional appointments.—The chairmen and ranking members of the Committees on the Armed Services of the Senate and House of Representatives may each designate one member of the panel.

"(C) Term.—Members of the panel may serve on the panel until the termination date specified in paragraph (7).

"(D) Compensation.—While performing duties on behalf of the panel, a member and any adviser referred to in paragraph (4) shall be reimbursed under Government travel regulations for necessary travel expenses.

"(3) Meetings.—The panel shall meet not less than quarterly. The panel or its members may make other visits to military treatment centers and military headquarters in connection with the duties of the panel.

"(4) Staff and advisors.—The Secretary of Defense shall provide necessary administrative staff support to the panel. The panel may call in advisers for consultation.

"(5) Reports.—

"(A) Initial report.—Not later than 120 days after the first meeting of the panel, the panel shall submit to the Secretary of Defense a written report containing—

"(i) an assessment of the adequacy of the plan of the Department of Defense to address the items specified in subparagraphs (A) through (E) of paragraph (1) relating to the purposes of the panel; and

"(ii) the recommendations of the panel to improve the plan.

"(B) Additional reports.—Not later than February 1, 2011, and each February 1 thereafter until termination of the panel, the panel shall submit to the Secretary of Defense a report on the findings and recommendations of the panel to address any deficiencies identified by the panel.

"(6) Assessment of recommendations.—Not later than 30 days after the date of the submission of each report under paragraph (5), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report including—

"(A) a copy of the panel's assessment;

"(B) an assessment by the Secretary of the findings and recommendations of the panel; and

"(C) the plans of the Secretary for addressing such findings and recommendations.

"(7) Termination.—The panel shall terminate on September 30, 2015.

"(c) Definitions.—In this section:

"(1) National capital region.—The term 'National Capital Region' has the meaning given the term in section 2674(f) of title 10, United States Code.

"(2) World class military medical center.—The term 'world class military medical center' has the meaning given the term 'world class military medical facility' by the National Capital Region Base Realignment and Closure Health Systems Advisory Subcommittee of the Defense Health Board in appendix B of the report titled 'Achieving World Class—An Independent Review of the Design Plans for the Walter Reed National Military Medical Center and the Fort Belvoir Community Hospital' and published in May 2009, as required by section 2721 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4716)."

Damage to Aviation Facilities Caused by Alkali Silica Reactivity

Pub. L. 106–398, §1 [[div. A], title III, §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, §2868, Dec. 5, 1991, 105 Stat. 1562, as amended by Pub. L. 108–136, div. A, title X, §1031(c)(2), Nov. 24, 2003, 117 Stat. 1604, which required the Secretary of Defense to submit to Congress a report relating to the permanent basing of a new weapon system not later than 30 days after selecting a site or sites for such permanent basing, was repealed by Pub. L. 112–81, div. A, title X, §1062(m), Dec. 31, 2011, 125 Stat. 1586.
10 U.S.C. § 820 (2024) — Title 10: ARMED FORCES / Chapter 47 / Subchapter IV / Section 820: Art. 20. Jurisdiction of summary courts-martial
Art. 20. Jurisdiction of summary courts-martial
Status: in_force

(a) In General.—Subject to section 817 of this title (article 17), summary courts-martial have jurisdiction to try persons subject to this chapter, except officers, cadets, aviation cadets, and midshipmen, for any noncapital offense made punishable by this chapter. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto. If objection to trial by summary court-martial is made by an accused, trial may be ordered by special or general court-martial as may be appropriate. Summary courts-martial may, under such limitations as the President may prescribe, adjudge any punishment not forbidden by this chapter except death, dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, hard-labor without confinement for more than 45 days, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.

(b) Non-criminal Forum.—A summary court-martial is a non-criminal forum. A finding of guilty at a summary court-martial does not constitute a criminal conviction.

(Aug. 10, 1956, ch. 1041, 70A Stat. 43; Pub. L. 90–632, §2(6), Oct. 24, 1968, 82 Stat. 1336; Pub. L. 114–328, div. E, title LIV, §5164, Dec. 23, 2016, 130 Stat. 2899.)

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large)

820 
50:580. 
May 5, 1950, ch. 169, §1 (Art. 20), 64 Stat. 114.

The word "shall" in the first sentence is omitted as surplusage. The word "may" is substituted for the word "shall" in the second sentence. The words "the provisions of" are omitted as surplusage. The word "If" is substituted for the word "Where". The words "for more than" are substituted for the words "in excess of". The words "more than" are substituted for the words "pay in excess of".

Editorial Notes

Amendments

2016—Pub. L. 114–328 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1968—Pub. L. 90–632 substituted provisions prohibiting trial by summary court-martial in all cases if the person objects thereto for provisions allowing such trial over the person's objection if he has previously been offered and has refused article 15 punishment.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title.
10 U.S.C. § 7621 (2024) — Title 10: ARMED FORCES / Chapter 769 / Section 7621: Quartermaster supplies: members of armed forces; veterans; executive or military departments and employees; prices
Quartermaster supplies: members of armed forces; veterans; executive or military departments and employees; prices
Status: in_force

(a) The Secretary of the Army shall procure and sell, for cash or credit—

(1) articles specified by the Secretary of the Army or a person designated by him, to members of the Army; and

(2) items of individual clothing and equipment, to officers of the Army, under such restrictions as the Secretary may proscribe.

An account of sales on credit shall be kept and the amount due reported to any branch, office, or officer designated by the Secretary. Except for articles and items acquired through the use of working capital funds under section 2208 of this title, sales of articles shall be at cost, and sales of individual clothing and equipment shall be at average current prices, including overhead, as determined by the Secretary.

(b) The Secretary shall sell subsistence supplies to members of other armed forces at the prices at which like property is sold to members of the Army.

(c) The Secretary may sell serviceable quartermaster property, other than subsistence supplies, to an officer of another armed force for his use in the service, in the same manner as these articles are sold to an officer of the Army.

(d) A person who has been discharged honorably or under honorable conditions from the Army, Navy, Air Force, Marine Corps, or Space Force and who is receiving care and medical treatment from the Public Health Service or the Department of Veterans Affairs may buy subsistence supplies and other supplies, except articles of uniform, at the prices at which like property is sold to a member of the Army.

(e) Under such conditions as the Secretary may prescribe, exterior articles of uniform may be sold to a person who has been discharged from the Army honorably or under honorable conditions, at the prices at which like articles are sold to members of the Army. This subsection does not modify section 772 or 773 of this title.

(f) Whenever, under regulations to be prescribed by the Secretary, subsistence supplies are furnished to any branch of the Army or sold to employees of any executive department other than the Department of Defense, payment shall be made in cash or by commercial credit.

(g) The Secretary may, by regulation, provide for the procurement and sale of stores designated by him to such civilian officers and employees of the United States, and such other persons, as he considers proper—

(1) at military installations outside the United States; and

(2) at military installations inside the United States where he determines that it is impracticable for those civilian officers, employees, and persons to obtain those stores from private agencies without impairing the efficient operation of military activities.

However, sales to officers and employees inside the United States may be made only to those residing within military installations.

(h) Appropriations for subsistence of the Army may be applied to the purchase of subsistence supplies for sale to members of the Army on active duty for the use of themselves and their families.

(Aug. 10, 1956, ch. 1041, 70A Stat. 257, §4621; Pub. L. 87–651, title I, §118, Sept. 7, 1962, 76 Stat. 513; Pub. L. 96–513, title V, §512(17), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 100–180, div. A, title III, §313(c), Dec. 4, 1987, 101 Stat. 1074; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title III, §375(b)(1), Feb. 10, 1996, 110 Stat. 283; renumbered §7621, Pub. L. 115–232, div. A, title VIII, §808(d), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–283, div. A, title IX, §924(c)(1)(B), Jan. 1, 2021, 134 Stat. 3826.)

Historical and Revision Notes
1956 Act

Revised sectionSource (U.S. Code)Source (Statutes at Large)

4621(a)

 

 

 
4621(b)

4621(c) 

10:904.
10:1231.

10:1237.

32:156.

10:1238.

10:1233. 

Aug. 31, 1918, ch. 166, §9 (less 17th through 22d words), 40 Stat. 957.
R.S. 1144; June 28, 1950, ch. 383, §402(a), 64 Stat. 272.

4621(d)

 
4621(e)

4621(f)

 
4621(g)

4621(h)

4621(i) 

10:1234.
34:539

10:1235.

10:1395 (less last sentence).

10:1253.

10:1241.

10:1196. 

June 3, 1916, ch. 134, §109; restated June 4, 1920, ch. 227, subch. I, §47; restated June 3, 1924, ch. 244, §3; restated Oct. 14, 1940, ch. 875, §3, 54 Stat. 1136; Mar. 25, 1948, ch. 157, §5(b), 62 Stat. 91; Oct. 12, 1949, ch. 681, §501(f)(2) and (3) (as applicable to §109 of the Act of June 3, 1916, ch. 134), 63 Stat. 827; July 9, 1952, ch. 608, §803 (12th par.), 66 Stat. 505.

  
 
June 30, 1922, ch. 253, Title I (last proviso under "Clothing and Equipage"), 42 Stat. 729.

  
 
July 5, 1884, ch. 217 (proviso under "Subsistence of the Army"), 23 Stat. 108.

  
 
Aug. 29, 1916, ch. 418 (words before semicolon of 3d proviso under "Subsistence of the Army"), 39 Stat. 630.

  
 
Mar. 4, 1915, ch. 143 (last proviso under "Clothing, and Camp and Garrison Equipage"), 38 Stat. 1079; June 28, 1950, ch. 383, §402(k), 64 Stat. 273.

  
 
June 5, 1920, ch. 240 (par. under "Purchase of Army Stores by Discharged Receiving Treatment from the Public Health Service"), 41 Stat. 976.

  
 
Feb. 14, 1927, ch. 134 (less last sentence), 44 Stat. 1096.

  
 
Mar. 3, 1911, ch. 209 (last par. under "Subsistence Department"), 36 Stat. 1047.

  
 
Aug. 8, 1953, ch. 390, §1, 67 Stat. 499.

  
 
Mar. 3, 1875, ch. 131 (proviso of 1st sentence of 1st par. under "War Department"), 18 Stat. 410.

In subsection (a), the word "members" is substituted for the words "officers and enlisted men" in 10:1237. Clause (2) is substituted for 10:904. 32:156 is omitted as covered by 10:904, since the words "officers of the Army" necessarily cover all persons named in 32:156. The words "the Secretary of the Army or a person designated by him" are substituted for the words "by whatever branch, office, or officers of the Army the Secretary of the Army may from time to time designate", inserted by the Editors of the United States Code. R.S. 1114 which provided that this function should be invested in the Inspector General was not amended in this respect by section 402(a) of the Army Organization Act of 1950 (64 Stat. 272). However, these functions have now been transferred to the Secretary of the Army or a person designated by him. (See memorandum of the Secretary of Defense, dated October 29, 1954, subject "Transfer of Authority from the Inspector General to the Secretary of the Army to Designate Subsistence Articles for Sale," and opinion of the Judge Advocate General of the Army (JAGA 1954/9712, 2 December 1954).) The words "Except for articles and items acquired through the use of working capital funds under sections 172–172j of title 5" are inserted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)

In subsection (b), the first sentence states expressly the rule which is implicit in 10:1238. The word "members" is substituted for the words "officers and enlisted men". The words "shall be understood, in all cases of such sales" are omitted as surplusage. The last sentence is inserted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Deputy General Counsel of the Office of the Secretary of Defense, March 28, 1956.)

In subsection (c), the word "members" is substituted for the words "officers and enlisted men". The words "prices at which like property is sold to" are substituted for the words "same price as is charged the".

In subsections (c) and (d), the words "other armed forces" are substituted for the words "Navy and Marine Corps", since such sales are authorized to members of the Coast Guard by section 144(b) of title 14.

In subsection (d), the words "other than subsistence supplies" are inserted, since the sale of subsistence supplies is covered by subsection (c).

In subsection (e), the words "a person who has been discharged" are substituted for the words "discharged officers and enlisted men". The words "Navy * * * or Marine Corps", omitted from the 1952 Edition of the United States Code, are inserted to conform to the source statute. The words "may buy" are substituted for the words "shall * * * be permitted to purchase". The words "at the prices at which like property is sold" are substituted for the words "at the same price as charged". The word "member" is substituted for the words "officers and enlisted men". The words "while undergoing such care and treatment" are omitted as surplusage.

In subsection (f), the words "person who has been discharged" are substituted for the words "former members * * * who have been separated therefrom". The words "at the prices at which like articles are sold to members" are inserted to conform to the last sentence of subsection (a) and subsection (e).

In subsection (g), the words "regulations to be prescribed by the Secretary" are substituted for the words "Army Regulations". The words "of the Government" are omitted as surplusage. 10:1253 (last 22 words of 1st sentence) is omitted as surplusage. The words "or to another executive department of the Government" are omitted as superseded by section 7 of the Act of May 21, 1920, ch. 194, as amended (31 U.S.C. 686). The provisions of 10:1253 relating to computation of costs are omitted to reflect Title IV of the National Security Act of 1947, as amended (63 Stat. 585), which authorized the Secretary of Defense to prescribe regulations governing the use and sale of certain inventories at cost, including applicable administrative expenses. (See opinion of the Assistant General Counsel (Fiscal Matters) of the Office of the Secretary of Defense, January 4, 1955.)

In subsection (h), the word "outside" is substituted for the words "beyond the continental limitations". The words "or in Alaska" are omitted, since, under section 101(1) of this title, the words "United States" are defined to include only the States and the District of Columbia. The word "continental", after the words "within the", is omitted for the same reason. The last sentence is substituted for 10:1241 (proviso).

In subsection (i), 10:1196 (last 30 words) is omitted as superseded by the Act of April 27, 1914, ch. 72 (last proviso under "Subsistence of the Army"), 38 Stat. 361. The words "So much of the" and "as may be necessary" are omitted as surplusage. The words "members * * * on active duty, for the use of themselves and their families" are substituted for the words "officers for the use of themselves and their families, and to commanders of companies or other organizations, for the use of the enlisted men of their companies or organizations", to conform to 10:1237 and 1238. Those sections provide the basic authority for procurement and sale of subsistence supplies to all members. This interpretation conforms to established administrative practice under those sections. The word "supplies" is substituted for the word "stores".

1962 Act

The change corrects an internal reference.

Editorial Notes

Prior Provisions

A prior section 7621 was renumbered section 8821 of this title.

Amendments

2021—Subsec. (d). Pub. L. 116–283 substituted "Marine Corps, or Space Force" for "or Marine Corps".

2018—Pub. L. 115–232 renumbered section 4621 of this title as this section.

1996—Subsec. (a). Pub. L. 104–106, §375(b)(1)(A), substituted "The Secretary of the Army" for "The branch, office, or officer designated by the Secretary of the Army".

Subsecs. (b), (c). Pub. L. 104–106, §375(b)(1)(B), substituted "The Secretary" for "The branch, office, or officer designated by the Secretary".

Subsec. (f). Pub. L. 104–106, §375(b)(1)(C), inserted "or by commercial credit" before period at end.

1989—Subsec. (d). Pub. L. 101–189 substituted "Department of Veterans Affairs" for "Veterans' Administration".

1987—Subsecs. (b) to (i). Pub. L. 100–180 redesignated subsecs. (c) to (i) as subsecs. (b) to (h), respectively, and struck out former subsec. (b) which read as follows: "Subsistence supplies may be sold to members of the Army. The selling price of each article sold under this subsection is the invoice price of the last lot of that article that the officer making the sale received before the first day of the month in which the sale is made. Activities conducted under this subsection shall be consistent with section 2208 of this title."

1980—Subsec. (f). Pub. L. 96–513 struck out reference to section 3612 of this title.

1962—Subsecs. (a), (b). Pub. L. 87–651 substituted "section 2208 of this title" for "sections 172–172j of title 5".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Executive Documents

Transfer of Functions

For transfer of functions of Public Health Service, see note set out under section 802 of this title.
10 U.S.C. § 2825 (2024) — Title 10: ARMED FORCES / Chapter 169 / Subchapter II / Section 2825: Improvements to family housing units
Improvements to family housing units
Status: in_force

(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.

(2) The Secretary concerned may waive the limitations contained in paragraph (1) 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 end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the proposed waiver, together with an economic analysis demonstrating that the improvement will be cost effective.

(3) 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.

(4) 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.

(5) The limitation contained in paragraph (1) does not apply to a project for the improvement of a family housing unit or units referred to in that paragraph 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; and

(B) the Secretary determines that the improvement project is no longer cost-effective after a review of post-design or bid cost estimates.

(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.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 159; amended Pub. L. 99–661, div. B, title VII, §2702(c), Nov. 14, 1986, 100 Stat. 4040; Pub. L. 100–26, §7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–180, div. B, subdiv. 3, title I, §2305, Dec. 4, 1987, 101 Stat. 1215; Pub. L. 101–189, div. B, title XXVIII, §2804, Nov. 29, 1989, 103 Stat. 1647; Pub. L. 101–510, div. B, title XXVIII, §2812, Nov. 5, 1990, 104 Stat. 1788; Pub. L. 102–484, div. B, title XXVIII, §2802(a), Oct. 23, 1992, 106 Stat. 2605; Pub. L. 103–337, div. B, title XXVIII, §2802, Oct. 5, 1994, 108 Stat. 3050; Pub. L. 104–106, div. A, title XV, §1502(a)(26), Feb. 10, 1996, 110 Stat. 506; Pub. L. 104–201, div. B, title XXVIII, §2803, Sept. 23, 1996, 110 Stat. 2788; Pub. L. 106–398, §1 [div. B, title XXVIII, §2802], Oct. 30, 2000, 114 Stat. 1654, 1654A–413; Pub. L. 108–136, div. A, title X, §1031(a)(41), Nov. 24, 2003, 117 Stat. 1601; Pub. L. 112–81, div. A, title X, §1061(24), Dec. 31, 2011, 125 Stat. 1584; Pub. L. 115–91, div. B, title XXVIII, §2801(b)(1), Dec. 12, 2017, 131 Stat. 1842.)

Editorial Notes

Amendments

2017—Subsec. (b)(1), (2). Pub. L. 115–91, §2801(b)(1)(C), redesignated second and third sentences of par. (1) as par. (2) and, in par. (2), substituted "contained in paragraph (1)" for "contained in the preceding sentence" and "the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the proposed waiver, together with an economic analysis demonstrating that the improvement will be cost effective." for "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." Former par. (2) redesignated (3).

Subsec. (b)(3), (4). Pub. L. 115–91, §2801(b)(1)(A), redesignated pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 115–91, §2801(b)(1)(A), (B), redesignated par. (4) as (5), struck out "the first sentence of" before "paragraph (1)", and substituted "in that paragraph" for "in that sentence".

2011—Subsec. (c)(1). Pub. L. 112–81 inserted "and" at end of subpar. (A), substituted period for semicolon at end of subpar. (B), and struck out subpars. (C) and (D), which read as follows:

"(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."

2003—Subsec. (b)(1). Pub. L. 108–136, §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, §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, §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, §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".

Statutory Notes and Related Subsidiaries

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, §362, Oct. 17, 2006, 120 Stat. 2167, as amended by Pub. L. 114–328, div. A, title VI, §618(d), Dec. 23, 2016, 130 Stat. 2160, 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, or paragraph (1) or (3) of section 351(a), 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.
10 U.S.C. § 1462 (2024) — Title 10: ARMED FORCES / Chapter 74 / Section 1462: Assets of Fund
Assets of Fund
Status: in_force

There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:

(1) Amounts paid into the Fund under section 1466 of this title.

(2) Any amount appropriated to the Fund.

(3) Any return on investment of the assets of the Fund.

(Added Pub. L. 98–94, title IX, §925(a)(1), Sept. 24, 1983, 97 Stat. 645.)

Statutory Notes and Related Subsidiaries

Transfer of Appropriations

Pub. L. 98–94, title IX, §925(b)(3), Sept. 24, 1983, 97 Stat. 648, required transfer into the Fund on Oct. 1, 1984, of any unobligated balances of appropriations made to the Department of Defense that had been currently available for retired pay, and provided that amounts so transferred would be deemed part of the assets of the Fund.