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10 U.S.C. § 2821 — Requirement for authorization of appropriations for construction and acquisition of military family housing
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law.
**(b)** In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection.
**(c)** Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead.
**(d)** Amounts authorized by law for construction and acquisition of military family housing and facilities include amounts for—
(1) minor construction;
(2) improvements to existing military family housing units and facilities;
(3) relocation of military family housing units under [section 2827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2827&num=0&edition=prelim); and
(4) architectural and engineering services and construction design.
**(e)** The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2821
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Stable record: federal_law:legal_authorities:record_usc_3a6a2c8dff973c6eb900b6df
Source file: Laws/federal/codes/united-states-code/title-10/section-2821-requirement-for-authorization-of-appropriations-for-construction-and-acq--f5b6fa1e36.md
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Passage SHA-256: ce360f1ea8ea084e2d2c81fb0b8ea754e8064604a2729ff7ad12b6dd123f8b49
Source location: Title 10, Chapter 169, § 2821; chapter-169-military-construction-and-military-family-housing.md
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**(a)** Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law.
**(b)** In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection.
**(c)** Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead.
**(d)** Amounts authorized by law for construction and acquisition of military family housing and facilities include amounts for—
(1) minor construction;
(2) improvements to existing military family housing units and facilities;
(3) relocation of military family housing units under [section 2827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2827&num=0&edition=prelim); and
(4) architectural and engineering services and construction design.
**(e)** The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon monoxide detectors in each unit of military family housing under the jurisdiction of the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Relocation Authority.—** Subject to subsection (b), the Secretary concerned may relocate existing military family housing units from any location where the number of such units exceeds requirements for military family housing to any military installation where there is a housing shortage.
**(b) Notice and Wait Requirements.—** A contract to carry out a relocation of military family housing units under subsection (a) may be awarded only after the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), to the appropriate committees of Congress notice of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2827
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercially available off-the-shelf item”—
(1) means an item that—
(A) is a commercial product (as described in [section 103(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section103/1&num=0&edition=prelim));
(B) is sold in substantial quantities in the commercial marketplace; and
(C) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace; but
(2) does not include bulk cargo, as defined in [section 40102(4) of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section40102/4&num=0&edition=prelim), such as agricultural products and petroleum products.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 104
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter and subchapter V of this chapter:
(1) The term “ancillary supporting facilities” means facilities related to housing units, including facilities to provide or support elementary or secondary education, child care centers, day care centers, child development centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing.
(2) The term “child development center” includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through five years old for full-day, part-day, and hourly service.
(3) The term “construction” means the construction of housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities.
(4) The term “contract” includes any contract, lease, or other agreement entered into under the authority of this subchapter. The fact that an agreement between an eligible entity and the Secretary concerned is designated as an agreement rather than a contract shall not be construed to exclude the agreement from the term “contract” for purposes of this subchapter and subchapter V.
(5) The term “eligible entity” means any private person, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government that is prepared to enter into a contract as a partner with the Secretary concerned for the construction of housing units and ancillary supporting facilities.
(6) The term “Fund” means the Department of Defense Family Housing Improvement Fund or the Department of Defense Military Unaccompanied Housing Improvement Fund established under [section 2883(a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2871
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Standards Required.—** For the purposes of assigning a member of the armed forces to a unit of covered military unaccompanied housing, the Secretary of Defense shall establish uniform minimum standards for covered military unaccompanied housing, that shall include minimum requirements for—
(1) condition;
(2) habitability, health, and environmental comfort;
(3) safety and security; and
(4) any other element the Secretary of Defense determines appropriate.
**(b) Limitation on Issuance of Waivers.—** Any waiver of a uniform standard described in subsection (a) may only be issued by a Secretary of a military department.
**(c) Certification.—** The Secretary of Defense shall include, in conjunction with the submission of the budget of the President to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), a certification from each Secretary of a military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied covered military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63 titled “DoD Housing Management” and dated October 28, 2010 (or a successor document).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2856b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** Subject to subsection (b), the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into an agreement to assure the occupancy of rental housing to be constructed or rehabilitated to residential use by a private developer or by a State or local housing authority on private land, on land owned by a State or local government, or on land owned by the United States, if the housing is to be located on or near a new military installation or an existing military installation that has a shortage of housing to meet the requirements of eligible members of the armed forces (with or without accompanying dependents). The authority provided under this subsection shall be exercised under uniform regulations prescribed by the Secretary of Defense.
**(b) Submission and Authorization of Proposed Agreements.—** The Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard, may enter into agreements pursuant to subsection (a) for such military housing rental guaranty projects as are authorized by law.
**(c) Content of Agreement.—** An agreement under subsection (a)—
(1) may not assure the occupancy of more than 97 percent of the units constructed under the agreement;
(2) shall establish initial rental rates that are not more than rates for comparable rental dwelling units in the same general market area and may include an escalation clause;
(3) may apply to existing housing;
(4) shall require that the housing units be constructed—
(A) in the case of a Department of Defense agreement, to Department of Defense specifications or, at the discretion of the Secretary of the military department concerned, in c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2836
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installation in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the armed forces and for assignment, with fair market rental charge, as family housing to civilian employees of the Department of Defense stationed at such installation.
(2) A lease may only be made under paragraph (1) if the Secretary concerned finds that there is a shortage of adequate housing at or near such military installation and that—
(A) the requirement for such housing is temporary;
(B) leasing would be more cost effective than construction or acquisition of new housing;
(C) family housing is required for personnel attending service school academic courses on permanent change of station orders;
(D) construction of family housing at such installation has been authorized by law but is not yet completed; or
(E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family housing at such installation.
**(b)**
(1) Not more than 10,000 family housing units may be leased at any one time under subsection (a).
(2) Except as provided in paragraphs (3), (4), and (7), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed $12,000 per unit per year, as adjusted from time to time under paragraph (5).
(3) Not more than 500 housing units may be leased under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum amount per unit per year in effect un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2828
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Local Comparability in Floor Areas.—** In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for purposes of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A).
**(b) Floor Space and Number of Members Allowed.—** In the design and configuration of covered military unaccompanied housing, the Secretary of Defense shall establish uniform design standards that—
(1) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of covered military unaccompanied housing;
(2) ensure that not more than two individuals may occupy such a unit; and
(3) provide definitions and measures that specify—
(A) criteria of design;
(B) quality of construction material to be used; and
(C) levels of maintenance to be required.
**(c) Covered Military Unaccompanied Housing.—** For purposes of this section, section 2856a, and section 2856b, the term “covered military unaccompanied housing” means Government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2856
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Adoption of Department-wide, Open Protocol, Energy Monitoring and Utility Control System Specification.—**
(1) The Secretary of Defense shall adopt an open protocol energy monitoring and utility control system specification for use throughout the Department of Defense in connection with a military construction project, military family housing activity, or other activity under this chapter for the purpose of monitoring and controlling, with respect to the project or activity, the items specified in paragraph (2) with the goal of establishing installation-wide energy monitoring and utility control systems.
(2) The energy monitoring and utility control system specification required by paragraph (1) shall cover the following:
(A) Utilities and energy usage, including electricity, gas, steam, and water usage.
(B) Indoor environments, including temperature and humidity levels.
(C) Heating, ventilation, and cooling components.
(D) Central plant equipment.
(E) Renewable energy generation systems.
(F) Lighting systems.
(G) Power distribution networks.
**(b) Exclusion.—**
(1) The energy monitoring and utility control system specification required by subsection (a) is not required to apply to projects carried out under the authority provided in subchapter IV of chapter 169 of this title.
(2) The Secretary concerned may waive the application of the energy monitoring and utility control system specification required by subsection (a) with respect to a specific military construction project, military family housing activity, or other activity under this chapter if the Secretary determines that the application of the specification to the project or activity is not life cycle cost-effective. The Secretary concerned shall notify the congressional defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2867
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There are hereby established on the books of the Treasury the following accounts:
(1) The Department of Defense Family Housing Improvement Fund.
(2) The Department of Defense Military Unaccompanied Housing Improvement Fund.
**(b) Commingling of Funds Prohibited.—**
(1) The Secretary of Defense shall administer each Fund separately.
(2) Amounts in the Department of Defense Family Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military family housing.
(3) Amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military unaccompanied housing.
**(c) Credits to Funds.—**
(1) There shall be credited to the Department of Defense Family Housing Improvement Fund the following:
(A) Amounts authorized for and appropriated to that Fund.
(B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition, improvement, or construction of military family housing.
(C) Proceeds from the conveyance or lease of property or facilities under [section 2878 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2878&num=0&edition=prelim) for the purpose of carrying out activities under this subchapter with respect to military family housing.
(D) Income derived from any activities under this subchapter with respect to military family housing, including interest on loans made under [section 2873 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section28
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2883
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