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10 U.S.C. § 2883 — Department of Defense Housing Funds

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2883 — Department of Defense Housing Funds

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Stable record: federal_law:legal_authorities:record_usc_9576f4d5e166e82ed6b9ebb3
Source file: Laws/federal/codes/united-states-code/title-10/section-2883-department-of-defense-housing-funds--b90a5674f6.md
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Source location: Title 10, Chapter 169, § 2883; chapter-169-military-construction-and-military-family-housing.md

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**(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-section2873&num=0&edition=prelim), income and gains realized from investments under [section 2875 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2875&num=0&edition=prelim), and any return of capital invested as part of such investments. (E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to [section 2814(i)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2814/i/3&num=0&edition=prelim), subject to the restrictions on the use of the transferred amounts specified in that section. (F) Any amounts that the Secretary concerned transfers to that Fund pursuant to [section 2869 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2869&num=0&edition=prelim). (2) There shall be credited to the Department of Defense Military Unaccompanied Housing Improvement Fund the following: (A) Amounts authorized for and appropriated to that Fund. (B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition or construction of military unaccompanied housing. (C) Proceeds from the conveyance or lease of property or facilities under [section 2878 of this title](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 unaccompanied housing. (D) Income derived from any activities under this subchapter with respect to military unaccompanied housing, including interest on loans made under [section 2873 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2873&num=0&edition=prelim), income and gains realized from investments under [section 2875 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2875&num=0&edition=prelim), and any return of capital invested as part of such investments. (E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to [section 2814(i)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2814/i/3&num=0&edition=prelim), subject to the restrictions on the use of the transferred amounts specified in that section. (F) Any amounts that the Secretary concerned transfers to that Fund pursuant to [section 2869 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2869&num=0&edition=prelim). **(d) Use of Amounts in Funds.—** (1) (A) In such amounts as provided in appropriation Acts and except as provided in subsection (e), the Secretary of Defense may use amounts in the Department of Defense Family Housing Improvement Fund to carry out activities under this subchapter with respect to military family housing, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this subchapter. The Secretary may also use for expenses of activities required in connection with the planning, execution, and administration of such contracts funds that are otherwise available to the Department of Defense for such types of expenses. (B) The Secretary of Defense shall require that eligible entities receiving amounts from the Department of Defense Family Housing Improvement Fund prioritize the use of such amounts for expenditures related to asset recapitalization, operating expenses, and debt payments before other program management-incentive fee expenditures. In the case of asset recapitalization, the primary purpose of the expenditures must be to sustain existing housing units owned or managed by the eligible entity or for which the eligible entity is otherwise responsible. (2) In such amounts as provided in appropriation Acts and except as provided in subsection (e), the Secretary of Defense may use amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under this subchapter with respect to military unaccompanied housing, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this subchapter. The Secretary may also use for expenses of activities required in connection with the planning, execution, and administration of such contracts funds that are otherwise available to the Department of Defense for such types of expenses. (3) Amounts made available under this subsection shall remain available until expended. The Secretary of Defense may transfer amounts made available under this subsection to the Secretaries of the military departments to permit such Secretaries to carry out the activities for which such amounts may be used. **(e) Limitation on Obligations.—** (1) The Secretary may not incur an obligation under a contract or other agreement entered into under this subchapter in excess of the unobligated balance, at the time the contract is entered into, of the Fund required to be used to satisfy the obligation. (2) The Funds established under subsection (a) shall be the sole source of funds for activities carried out under this subchapter. **(f) Notification Required for Transfers.—** A transfer of appropriated amounts to a Fund under subparagraph (B) of paragraph (1) or subparagraph (B) of paragraph (2) of subsection (c) may be made only after the end of the 14-day period beginning on the date the Secretary of Defense submits notice of, and justification for, the transfer to the appropriate committees of Congress 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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2701 — Environmental restoration program

**(a) Environmental Restoration Program.—** (1) **In general.—** — The Secretary of Defense shall carry out a program of environmental restoration at facilities under the jurisdiction of the Secretary and at National Guard facilities. The program shall be known as the “Defense Environmental Restoration Program”. (2) **Application of section 120 of cercla.—** — Activities of the program described in subsection (b)(1) shall be carried out subject to, and in a manner consistent with, section 120 (relating to Federal facilities) of CERCLA ([42 U.S.C. 9620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9620&num=0&edition=prelim)). (3) **Consultation with epa.—** — The program shall be carried out in consultation with the Administrator of the Environmental Protection Agency. (4) **Administrative office within osd.—** — The Secretary shall identify an office within the Office of the Secretary which shall have responsibility for carrying out the program. **(b) Program Goals.—** Goals of the program shall include the following: (1) The identification, investigation, research and development, and cleanup of contamination from a hazardous substance or pollutant or contaminant. (2) Correction of other environmental damage (such as detection and disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment. (3) Demolition and removal of unsafe buildings and structures, including buildings and structures of the Department of Defense at sites formerly used by or under the jurisdiction of the Secretary. **(c) Responsibility for Response Actions.—** (1) **Basic responsibility.—** — The Secretary shall carry out (in accordance with the provisions of this chapter and CER

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2701

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2821 — Requirement for authorization of appropriations for construction and acquisition of military family housing

**(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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 480 — Reports to Congress: submission in electronic form

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 480

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2869 — Exchange of property at military installations

**(a) Exchange Authorized.—** (1) The Secretary concerned may enter into an agreement to convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the person in and to a parcel of real property, including any improvements thereon under the person’s control, or to carry out a land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under [section 2684a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2684a&num=0&edition=prelim) to limit encroachments and other constraints on military training, testing, and operations. (2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned— (A) that is located on a military installation that is closed or realigned under a base closure law; or (B) that is located on a military installation not covered by subparagraph (A) and for which the Secretary concerned makes a determination that the conveyance under paragraph (1) is advantageous to the United States. (3) (A) The Secretary of Defense shall establish a pilot program under which the Secretary concerned, during the term of the pilot program, may use the authority provided by paragraph (1) to also convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to provide— (i) installation-support services (as defined in [section 2679(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2679/f&num=0&edition=prelim)); or

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2869

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2875 — Investments

**(a) Investments Authorized.—** The Secretary concerned may make investments in an eligible entity carrying out projects for the acquisition or construction of housing units suitable for use as military family housing or as military unaccompanied housing. **(b) Forms of Investment.—** An investment under this section may take the form of an acquisition of a limited partnership interest by the United States, a purchase of stock or other equity instruments by the United States, a purchase of bonds or other debt instruments by the United States, or any combination of such forms of investment. **(c) Limitation on Value of Investment.—** (1) The cash amount of an investment under this section in an eligible entity may not exceed an amount equal to 33⅓ percent 11 See Temporary Increase in Percentage of Value of Authorized Investment in Certain Privatized Military Housing Projects note below. of the capital cost (as determined by the Secretary concerned) of the project or projects that the eligible entity proposes to carry out under this section with the investment. (2) If the Secretary concerned conveys land or facilities to an eligible entity as all or part of an investment in the eligible entity under this section, the total value of the investment by the Secretary under this section may not exceed an amount equal to 45 percent 1 of the capital cost (as determined by the Secretary) of the project or projects that the eligible entity proposes to carry out under this section with the investment. (3) In this subsection, the term “capital cost”, with respect to a project for the acquisition or construction of housing, means the total amount of the costs included in the basis of the housing for Federal income tax purposes. **(d) Collateral Incentive Agreements.—** The Sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2875

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2878 — Conveyance or lease of existing property and facilities

**(a) Conveyance or Lease Authorized.—** The Secretary concerned may convey or lease property or facilities (including ancillary supporting facilities) to eligible entities for purposes of using the proceeds of such conveyance or lease to carry out activities under this subchapter. **(b) Inapplicability to Property at Installation Approved for Closure.—** The authority of this section does not apply to property or facilities located on or near a military installation approved for closure under a base closure law. **(c) Competitive Process.—** The Secretary concerned shall ensure that the time, method, and terms and conditions of the reconveyance or lease of property or facilities under this section from the eligible entity permit full and free competition consistent with the value and nature of the property or facilities involved. **(d) Terms and Conditions.—** (1) The conveyance or lease of property or facilities under this section shall be for such consideration and upon such terms and conditions as the Secretary concerned considers appropriate for the purposes of this subchapter and to protect the interests of the United States. (2) As part or all of the consideration for a conveyance or lease under this section, the purchaser or lessor (as the case may be) shall enter into an agreement with the Secretary to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or sublease of a reasonable number of the housing units covered by the conveyance or lease, as the case may be, or in the lease of other suitable housing units made available by the purchaser or lessee. **(e) Inapplicability of Certain Property Management Laws.—** The conveyance or lease of property or facilities under this section shall not be s

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2878

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2873 — Direct loans and loan guarantees

**(a) Direct Loans.—** (1) Subject to subsection (c), the Secretary concerned may make direct loans to an eligible entity in order to provide funds to the eligible entity for the acquisition or construction of housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing. (2) The Secretary concerned shall establish such terms and conditions with respect to loans made under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the period and frequency for repayment of such loans and the obligations of the obligors on such loans upon default. **(b) Loan Guarantees.—** (1) Subject to subsection (c), the Secretary concerned may guarantee a loan made to an eligible entity if the proceeds of the loan are to be used by the eligible entity to acquire, or construct housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing. (2) The amount of a guarantee on a loan that may be provided under paragraph (1) may not exceed the amount equal to the lesser of— (A) the amount equal to 80 percent of the value of the project; or (B) the amount of the outstanding principal of the loan. (3) The Secretary concerned shall establish such terms and conditions with respect to guarantees of loans under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the rights and obligations of obligors of such loans and the rights and obligations of the United States with respect to such guarantees. **(c) Limitation on Direct Loan and Guarantee Authority.—** Direct loans and loan guarantees may be made under this section only to the extent that

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2873

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2687 — Base closures and realignments

**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement— (1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed; (2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. **(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local economic, budgetary, environme

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2814 — Special authority for development of Ford Island, Hawaii

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2814

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2854a — Conveyance of damaged or deteriorated military family housing; use of proceeds

**(a) Authority To Convey.—** (1) The Secretary concerned may convey any family housing facility that, due to damage or deterioration, is in a condition that is uneconomical to repair. Any conveyance of a family housing facility under this section may include a conveyance of the real property associated with the facility conveyed. (2) The authority of this section does not apply to family housing facilities located at military installations approved for closure under a base closure law or family housing facilities located at an installation outside the United States at which the Secretary of Defense terminates operations. (3) The aggregate total value of the family housing facilities conveyed by the Department of Defense under the authority in this subsection in any fiscal year may not exceed $5,000,000. (4) For purposes of this subsection, a family housing facility is in a condition that is uneconomical to repair if the cost of the necessary repairs for the facility would exceed the amount equal to 70 percent of the cost of constructing a family housing facility to replace such facility. **(b) Consideration.—** (1) As consideration for the conveyance of a family housing facility under subsection (a), the person to whom the facility is conveyed shall pay the United States an amount equal to the fair market value of the facility conveyed, including any real property conveyed along with the facility. (2) The Secretary concerned shall determine the fair market value of any family housing facility and associated real property that is conveyed under subsection (a). Such determination shall be final. **(c) Notice and Wait Requirements.—** (1) The Secretary concerned may enter into an agreement to convey a family housing facility under this section only after the end

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2854a

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