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10 U.S.C. § 2814 — Special authority for development of Ford Island, Hawaii
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) Subject to paragraph (2), the Secretary of the Navy may exercise any authority or combination of authorities in this section for the purpose of developing or facilitating the development of Ford Island, Hawaii, to the extent that the Secretary determines the development is compatible with the mission of the Navy.
(2) The Secretary of the Navy may not exercise any authority under this section until—
(A) the Secretary submits to the appropriate committees of Congress a master plan for the development of Ford Island, Hawaii; and
(B) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.
**(b) Conveyance Authority.—**
(1) The Secretary of the Navy may convey to any public or private person or entity all right, title, and interest of the United States in and to any real property (including any improvements thereon) or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
(A) is excess to the needs of the Navy and all of the other armed forces; and
(B) will promote the purpose of this section.
(2) A conveyance under this subsection may include such terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
**(c) Lease Authority.—**
(1) The Secretary of the Navy may lease to any public or private person or entity any real property or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
(A) is not needed for current operations of the Navy and all of the other armed forces; and
(B) will promote the purpose of this section.
(2) A lease under this subsection shall be subject to [section 2667(b)(1) of this
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Stable record: federal_law:legal_authorities:record_usc_61c905cfaeed842d1ed89747
Source file: Laws/federal/codes/united-states-code/title-10/section-2814-special-authority-for-development-of-ford-island-hawaii--c91bc64559.md
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Passage SHA-256: fd3da139dcc6099cba43bc969e2adab8f969ffe5d6f533073f64311bd99968f5
Source location: Title 10, Chapter 169, § 2814; chapter-169-military-construction-and-military-family-housing.md
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**(a) In General.—**
(1) Subject to paragraph (2), the Secretary of the Navy may exercise any authority or combination of authorities in this section for the purpose of developing or facilitating the development of Ford Island, Hawaii, to the extent that the Secretary determines the development is compatible with the mission of the Navy.
(2) The Secretary of the Navy may not exercise any authority under this section until—
(A) the Secretary submits to the appropriate committees of Congress a master plan for the development of Ford Island, Hawaii; and
(B) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.
**(b) Conveyance Authority.—**
(1) The Secretary of the Navy may convey to any public or private person or entity all right, title, and interest of the United States in and to any real property (including any improvements thereon) or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
(A) is excess to the needs of the Navy and all of the other armed forces; and
(B) will promote the purpose of this section.
(2) A conveyance under this subsection may include such terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
**(c) Lease Authority.—**
(1) The Secretary of the Navy may lease to any public or private person or entity any real property or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
(A) is not needed for current operations of the Navy and all of the other armed forces; and
(B) will promote the purpose of this section.
(2) A lease under this subsection shall be subject to [section 2667(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667/b/1&num=0&edition=prelim) and may include such other terms as the Secretary considers appropriate to protect the interests of the United States.
(3) A lease of real property under this subsection may provide that, upon termination of the lease term, the lessee shall have the right of first refusal to acquire the real property covered by the lease if the property is then conveyed under subsection (b).
(4)
(A) The Secretary may provide property support services to or for real property leased under this subsection.
(B) To the extent provided in appropriations Acts, any payment made to the Secretary for services provided under this paragraph shall be credited to the appropriation, account, or fund from which the cost of providing the services was paid.
**(d) Acquisition of Leasehold Interest by Secretary.—**
(1) The Secretary of the Navy may acquire a leasehold interest in any facility constructed under subsection (f) as consideration for a transaction authorized by this section upon such terms as the Secretary considers appropriate to promote the purpose of this section.
(2) The term of a lease under paragraph (1) may not exceed 10 years, unless the Secretary of Defense approves a term in excess of 10 years for purposes of this section.
(3) A lease under this subsection may provide that, upon termination of the lease term, the United States shall have the right of first refusal to acquire the facility covered by the lease.
**(e) Requirement for Competition.—** The Secretary of the Navy shall use competitive procedures for purposes of selecting the recipient of real or personal property under subsection (b) and the lessee of real or personal property under subsection (c).
**(f) Consideration.—**
(1) As consideration for the conveyance of real or personal property under subsection (b), or for the lease of real or personal property under subsection (c), the Secretary of the Navy shall accept cash, real property, personal property, or services, or any combination thereof, in an aggregate amount equal to not less than the fair market value of the real or personal property conveyed or leased.
(2) Subject to subsection (i), the services accepted by the Secretary under paragraph (1) may include the following:
(A) The construction or improvement of facilities at Ford Island.
(B) The restoration or rehabilitation of real property at Ford Island.
(C) The provision of property support services for property or facilities at Ford Island.
**(g) Notice and Wait Requirements.—** The Secretary of the Navy may carry out a transaction authorized by this section only after the end of the 20-day period beginning on the date on which the Secretary 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 transaction, including a detailed description of the transaction and a justification for the transaction specifying the manner in which the transaction will meet the purposes of this section.
**(h) Ford Island Improvement Account.—**
(1) There is established on the books of the Treasury an account to be known as the “Ford Island Improvement Account”.
(2) There shall be deposited into the account the following amounts:
(A) Amounts authorized and appropriated to the account.
(B) Except as provided in subsection (c)(4)(B), the amount of any cash payment received by the Secretary for a transaction under this section.
**(i) Use of Account.—**
(1) Subject to paragraph (2), to the extent provided in advance in appropriations Acts, funds in the Ford Island Improvement Account may be used as follows:
(A) To carry out or facilitate the carrying out of a transaction authorized by this section.
(B) To carry out improvements of property or facilities at Ford Island.
(C) To obtain property support services for property or facilities at Ford Island.
(2) To extent that the authorities provided under subchapter IV of this chapter are available to the Secretary of the Navy, the Secretary may not use the authorities in this section to acquire, construct, or improve family housing units, military unaccompanied housing units, or ancillary supporting facilities related to military housing.
(3)
(A) The Secretary may transfer funds from the Ford Island Improvement Account to the following funds:
(i) The Department of Defense Family Housing Improvement Fund established by [section 2883(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883/a/1&num=0&edition=prelim).
(ii) The Department of Defense Military Unaccompanied Housing Improvement Fund established by [section 2883(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883/a/2&num=0&edition=prelim).
(B) Amounts transferred under subparagraph (A) to a fund referred to in that subparagraph shall be available in accordance with the provisions of [section 2883 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883&num=0&edition=prelim) for activities authorized under subchapter IV of this chapter at Ford Island.
**(j) Inapplicability of Certain Property Management Laws.—** Except as otherwise provided in this section, transactions under this section shall not be subject to the following:
(1) Sections 2667 and 2696 of this title.
(2) Section 501 of the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11411&num=0&edition=prelim)).
(3) Subchapter II of chapter 5 and sections 541–555 of title 40.
**(k) Scoring.—** Nothing in this section shall be construed to waive the applicability to any lease entered into under this section of the budget scorekeeping guidelines used to measure compliance with the Balanced Budget and Emergency Deficit Control Act of 1985.
**(l) Property Support Service Defined.—** In this section, the term “property support service” means the following:
(1) Any utility service or other service listed in [section 2686(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2686/a&num=0&edition=prelim).
(2) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement in House of Representatives** It shall not be in order in the House of Representatives to consider a rule or order that waives the application of [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim).
**(b) Disposition of points of order**
(1) **Application to House of Representatives** — This subsection shall apply only to the House of Representatives.
(2) **Threshold burden** — In order to be cognizable by the Chair, a point of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section must specify the precise language on which it is premised.
(3) **Question of consideration** — As disposition of points of order under [section 658d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) or subsection (a) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order.
(4) **Debate and intervening motions** — A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.
(5) **Effect on amendment in order as original text** — The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendm
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 661
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification of suitable property** The Secretary of Housing and Urban Development shall, on a quarterly basis, request information from each landholding agency regarding Federal public buildings and other Federal real properties (including fixtures) that are excess property or surplus property or that are described as unutilized or underutilized in surveys by the heads of landholding agencies under section 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Secretary, the head of each landholding agency shall transmit such information to the Secretary. No later than 30 days after receiving such information, the Secretary shall identify which of those buildings and other properties are suitable for use to assist the homeless.
**(b) Availability of property**
(1) The Secretary shall promptly notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a). No later than 45 days after receipt of such a notice, the head of the appropriate landholding agency shall transmit to the Secretary the agency’s response to property identifications contained in such notification, which shall include—
(A) in the case of unutilized or underutilized property—
(i) a statement of intention to determine the property excess to the agency’s needs;
(ii) a statement of intention to make the property available for use to assist the homeless; or
(iii) a statement of the reasons (including a full explanation of the need) the property cannot be determined excess to the agency’s needs or made available for use to assist the homeless; and
(B) in the case of excess property—
(i) a statement that there is no other compelling Federal need for the property and, therefore,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) General statement of budget enforcement through sequestration** This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session).
**(c) Definitions** As used in this subchapter:
(1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [[2 U.S.C. 622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section622&num=0&edition=prelim)] and “discretionary spending limit” shall mean the amounts specified in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim).
(2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law.
(3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be.
(4)
(A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B).
(B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs).
(C
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 900
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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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority.
**(b) Study** The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991.
**(c) Access to data** For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government.
**(b)** No provision of law enacted after December 12, 1985 (other than a provision of an appropriation Act that appropriated funds authorized under this chapter as in effect on December 12, 1985) may provide for payments from the general fund of the Treasury to any Trust Fund specified in subsection (a) or for payments from any such Trust Fund to the general fund of the Treasury.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 911
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
**(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form.
**(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2241
TITLE 10—ARMED FORCES
§ 2814
the United States to make payments under the
lease in any fiscal year is subject to the avail-
ability of appropriations for that purpose.
(Added Pub. L. 101–189, div. B, title XXVIII,
§ 2809(a), Nov. 29, 1989, 103 Stat. 1649; amended
Pub. L. 101–510, div. B, title XXVIII, § 2864, Nov.
5, 1990, 104 Stat. 1806; Pub. L. 108–136, div. A, title
X, § 1031(a)(39), Nov. 24, 2003, 117 Stat. 1601; Pub.
L. 115–91, div. B, title XXVIII, § 2801(a)(9), Dec.
12, 2017, 131 Stat. 1841.)
Editorial Notes
AMENDMENTS
2017—Subsec. (c)(1). Pub. L. 115–91 added par. (1) and
struck out former par. (1) which set out justification,
economic analysis, and wait requirements for entering
into a lease.
2003—Subsec. (c)(1)(B). Pub. L. 108–136 inserted before
period at end ‘‘or, if over sooner, a period of 14 days has
expired following the date on which a copy of the jus-
tification and economic analysis are provided in an
electronic medium pursuant to section 480 of this
title’’.
1990—Subsec. (a)(2)(I). Pub. L. 101–510 added subpar.
(I).
§ 2813. Acquisition of existing facilities in lieu of
authorized construction
(a) ACQUISITION AUTHORITY.—Using funds ap-
propriated for a military construction project
authorized by law for a military installation,
the Secretary of the military department con-
cerned may acquire an existing facility (includ-
ing the real property on which the facility is lo-
cated) at or near the military installation in-
stead of carrying out the authorized military
construction project if the Secretary determines
that—
(1) the acquisition of the facility satisfies
the requirements of the military department
concerned for the authorized military con-
struction project; and
(2) it is in the best interests of the Uni
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2814
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 8181
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11411
SUBCHAPTER V—IDENTIFICATION AND USE
OF SURPLUS FEDERAL PROPERTY
§ 11411. Use of unutilized and underutilized pub-
lic buildings and real property to assist the
homeless
(a) Identification of suitable property
The Secretary of Housing and Urban Develop-
ment shall, on a quarterly basis, request infor-
mation from each landholding agency regarding
Federal public buildings and other Federal real
properties (including fixtures) that are excess
property or surplus property or that are de-
scribed as unutilized or underutilized in surveys
by the heads of landholding agencies under sec-
tion 524(a)(2) and (3) of title 40. No later than 25
days after receiving a request from the Sec-
retary, the head of each landholding agency
shall transmit such information to the Sec-
retary. No later than 30 days after receiving
such information, the Secretary shall identify
which of those buildings and other properties
are suitable for use to assist the homeless.
(b) Availability of property
(1) The Secretary shall promptly notify each
Federal agency with respect to any property of
that agency that the Secretary has identified
under subsection (a). No later than 45 days after
receipt of such a notice, the head of the appro-
priate landholding agency shall transmit to the
Secretary the agency’s response to property
identifications contained in such notification,
which shall include—
(A) in the case of unutilized or underutilized
property—
(i) a statement of intention to determine
the property excess to the agency’s needs;
(ii) a statement of intention to make the
property available for use to assist the
homeless; or
(iii) a statement of the reasons (including
a full explanation of the need) the property
c
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11411
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