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10 U.S.C. § 2869 — Exchange of property at military installations
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-2869-exchange-of-property-at-military-installations--5aaf0e8409.md
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Source location: Title 10, Chapter 169, § 2869; chapter-169-military-construction-and-military-family-housing.md
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**(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
(ii) a new facility or improvements to an existing facility.
(B) The acquisition of a facility or improvements to an existing facility using the authority provided by subparagraph (A) shall not be treated as a military construction project for which an authorization is required by [section 2802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2802&num=0&edition=prelim).
(C) The expanded conveyance authority provided by subparagraph (A) applies only during the eight-year period beginning on the date on which the Secretary of Defense issues guidance regarding the use by the Secretaries concerned of such authority.
**(b) Conditions on Conveyance Authority.—**
(1) The fair market value of the real property, installation-support services, or facility or improvements to an existing facility obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values.
(2) In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Secretary concerned under subsection (a) may exceed the fair market value of the land to be obtained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zoning actions taken by such political subdivision to limit encroachment on a military installation, but only if the notice required by subsection (d)(2) contains—
(A) a certification by the Secretary concerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and
(B) a description of the military value to be obtained.
(3) The Secretary concerned may agree to accept a facility or improvements to an existing facility under subsection (a)(3) only if the Secretary concerned determines that the facility or improvements—
(A) are completed and usable, fully functional, and ready for occupancy;
(B) satisfy all operational requirements; and
(C) meet all Federal, State, and local requirements applicable to the facility relating to health, safety, and the environment.
**(c) Limitation on Use of Conveyance Authority at Installations Closed Under Base Closure Laws.—** The authority under subsection (a)(2)(A) to convey property located on a military installation may only be used to the extent the conveyance is consistent with an approved redevelopment plan for such installation.
**(d) Advance Notice of Use of Authority.—**
(1) Notice of the proposed use of the conveyance authority provided by subsection (a) shall be provided in such manner as the Secretary of Defense may prescribe, including publication in the Federal Register and otherwise. When real property located at a military installation is proposed for conveyance by means of a public sale, the Secretary concerned may notify prospective purchasers that consideration for the property may be provided in the manner authorized by such subsection.
(2) The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—
(A) the Secretary submits to Congress notice of the conveyance, including—
(i) a description of the real property to be conveyed by the Secretary under the agreement;
(ii) a description of the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and
(iii) the amount of any payment to be made under subsection (b) or under section 2684a(d) 11 See References in Text note below. of this title to equalize the fair market values of the property to be conveyed and the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and
(B) the waiting period applicable to that notice under paragraph (3) expires.
(3) If the notice submitted under paragraph (2) deals with the conveyance of real property located on a military installation that is closed or realigned under a base closure law or the conveyance of real property under an agreement entered into under [section 2684a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2684a&num=0&edition=prelim), the Secretary concerned may enter into the agreement under subsection (a) for the conveyance of the property after the end of the 14-day period beginning on the date of the submission of the notice 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). In the case of other real property to be conveyed under subsection (a), the Secretary concerned may enter into the agreement only after the end of the 45-day period beginning on the date of the submission of the notice 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).
**(e) Deposit and Use of Funds.—** The Secretary concerned shall deposit funds received under subsection (b) in the appropriation “Foreign Currency Fluctuations, Construction, Defense”. The funds deposited shall be available, in such amounts as provided in appropriation Acts, for the purpose of paying increased costs of overseas military construction and family housing construction or improvement associated with unfavorable fluctuations in currency exchange rates. The use of such funds for this purpose does not relieve the Secretary concerned from the duty to provide advance notice to Congress under [section 2853(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2853/c&num=0&edition=prelim) whenever the Secretary approves an increase in the cost of an overseas project under such section.
**(f) Description of Property.—** The exact acreage and legal description of real property conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary concerned.
**(g) Additional Terms and Conditions.—** The Secretary concerned may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) 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;
(5) planning, supervision, administration, and overhead incident to the project; and
(6) personnel and personal services contracts required to carry out paragraphs (1) through (5).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) 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) wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements Authorized.—** The Secretary of Defense or the Secretary of a military department may enter into an agreement with an eligible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or ecologically related to, a military installation, as well as a State-owned National Guard installation, or military airspace for purposes of—
(1) limiting any development or use of the property that would be incompatible with the mission of the installation;
(2) preserving habitat on the property in a manner that—
(A) is compatible with environmental requirements; and
(B) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation;
(3) maintaining or improving military installation resilience; or
(4) protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation.
**(b) Eligible Entities.—** For purposes of this section, an eligible entity is any of the following:
(1) A State or political subdivision of a State.
(2) A private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal, as determined by the Secretary concerned.
**(c) Authority to Coordinate.—**
(1) In entering into an agreement under subsection (a) or undertaking a project under such agreement, the Secretary of Defense or the Secretary of a military department, as the case may be, may coordinate with any other covered official with an interest in the activities p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2684a
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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.
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
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise provided in subsection (b) or as otherwise authorized by law, the Secretary concerned may not construct or acquire military family housing units unless the number of units to be constructed or acquired has been specifically authorized by law.
**(b)** Subsection (a) does not apply to the following:
(1) Housing units acquired under section 404 of the Housing Amendments of 1955 ([42 U.S.C. 1594a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1594a&num=0&edition=prelim)).
(2) Housing units leased under [section 2828 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2828&num=0&edition=prelim).
(3) Housing units acquired under the Homeowners Assistance Program referred to in [section 2832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2832&num=0&edition=prelim).
(4) Housing units acquired without consideration.
(5) Replacement housing units constructed under [section 2825(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2825/c&num=0&edition=prelim).
(6) Housing units constructed or provided under [section 2869 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2869&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2822
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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
Page 2292
TITLE 10—ARMED FORCES
§ 2868
Defense shall adopt the open protocol energy moni-
toring and utility control system specification required
by section 2867 of title 10, United States Code, as added
by paragraph (1), not later than 180 days after the date
of the enactment of this Act [Oct. 28, 2009].’’
§ 2868. Utility services: furnishing for certain
buildings
Appropriations for the Department of Defense
may be used for utility services for buildings
constructed at private cost, as authorized by
law.
(Added Pub. L. 100–370, § 1(j)(1), July 19, 1988, 102
Stat. 848, § 2490; renumbered § 2868, Pub. L. 105–85,
div. A, title III, § 371(b)(2), Nov. 18, 1997, 111 Stat.
1705; amended Pub. L. 108–375, div. A, title VI,
§ 651(e)(2), Oct. 28, 2004, 118 Stat. 1972.)
HISTORICAL AND REVISION NOTES
Section is based on Pub. L. 99–190, § 101(b) [title VIII,
§ 8006(b)], Dec. 19, 1985, 99 Stat. 1185.
In two instances, the source section for provisions to
be codified provides that defense appropriations may be
used for ‘‘welfare and recreation’’ or ‘‘welfare and rec-
reational’’ purposes. (Section 735 of Public Law 98–212
and section 8006(b) of Public Law 99–190, to be codified
as 10 U.S.C. 2241(a)(1) and 2490(2), respectively). The
committee added the term ‘‘morale’’ in both of these
two instances to conform to the usual ‘‘MWR’’ usage
for morale, welfare, and recreation activities.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–375 substituted ‘‘for buildings con-
structed at private cost, as authorized by law.’’ for
‘‘for—
‘‘(1) buildings constructed at private cost, as au-
thorized by law; and
‘‘(2) buildings on military reservations authorized
by regulation to be used for morale, welfare, and rec-
reational purposes.’’
1997—Pub. L. 105–85 renumbered sect
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2869
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