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10 U.S.C. § 2884 — Reports
Federal law — U.S. Code and appendices · legal_authorities
**(a) Project Reports.—**
(1) The Secretary concerned shall transmit to the appropriate committees of Congress a report describing—
(A) each contract or agreement for the acquisition or construction of family housing units or unaccompanied housing units under this subchapter; and
(B) each conveyance or lease proposed under [section 2878 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2878&num=0&edition=prelim).
(2) A report required by paragraph (1) shall include the following:
(A) A description of the contract, agreement, conveyance, or lease, including a summary of the terms of the contract, agreement, conveyance, or lease.
(B) A description of the authorities to be utilized in entering into the contract, agreement, conveyance, or lease and the intended method of participation of the United States in the contract, agreement, conveyance, or lease, including a justification of the intended method of participation.
(C) A statement of the scored cost of the contract, agreement, conveyance, or lease, as determined by the Office of Management and Budget.
(D) A statement of the United States funds required for the contract, agreement, conveyance, or lease and a description of the source of such funds, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under [section 2883 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883&num=0&edition=prelim) in order to finance the contract, agreement, conveyance, or lease.
(E) An economic assessment of the life cycle costs of the contract, agreement, conveyance, or lease, including an estimate of the amount of United States funds tha
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Source location: Title 10, Chapter 169, § 2884; chapter-169-military-construction-and-military-family-housing.md
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**(a) Project Reports.—**
(1) The Secretary concerned shall transmit to the appropriate committees of Congress a report describing—
(A) each contract or agreement for the acquisition or construction of family housing units or unaccompanied housing units under this subchapter; and
(B) each conveyance or lease proposed under [section 2878 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2878&num=0&edition=prelim).
(2) A report required by paragraph (1) shall include the following:
(A) A description of the contract, agreement, conveyance, or lease, including a summary of the terms of the contract, agreement, conveyance, or lease.
(B) A description of the authorities to be utilized in entering into the contract, agreement, conveyance, or lease and the intended method of participation of the United States in the contract, agreement, conveyance, or lease, including a justification of the intended method of participation.
(C) A statement of the scored cost of the contract, agreement, conveyance, or lease, as determined by the Office of Management and Budget.
(D) A statement of the United States funds required for the contract, agreement, conveyance, or lease and a description of the source of such funds, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under [section 2883 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883&num=0&edition=prelim) in order to finance the contract, agreement, conveyance, or lease.
(E) An economic assessment of the life cycle costs of the contract, agreement, conveyance, or lease, including an estimate of the amount of United States funds that would be paid over the life of the contract, agreement, conveyance, or lease from amounts derived from payments of government allowances, including the basic allowance for housing under [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim), if the housing affected by the project were fully occupied by military personnel over the life of the contract, agreement, conveyance, or lease.
(3)
(A) In the case of a contract or agreement described in paragraph (1) proposed to be entered into with a private party, the report shall specify whether the contract or agreement will or may include a guarantee (including the making of mortgage or rental payments) by the Secretary to the private party in the event of—
(i) the closure or realignment of the installation for which housing will be provided under the contract or agreement;
(ii) a reduction in force of units stationed at such installation; or
(iii) the extended deployment of units stationed at such installation.
(B) If the contract or agreement will or may include such a guarantee, the report shall also—
(i) describe the nature of the guarantee; and
(ii) assess the extent and likelihood, if any, of the liability of the United States with respect to the guarantee.
(4) The report shall be submitted 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) not later than 21 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.
**(b) Annual Reports to Accompany Budget Materials.—** The Secretary of Defense shall include each year in the materials that the Secretary submits to Congress in support of the budget submitted by the President pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) the following:
(1) A separate report on the expenditures and receipts during the preceding fiscal year covering each of the Funds established under [section 2883 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883&num=0&edition=prelim), including a description of the specific construction, acquisition, or improvement projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. Each report shall also include, for each military department or defense agency, a description of all funds to be transferred to such Funds for the current fiscal year and the next fiscal year.
(2) A report setting forth, by armed force, the following:
(A) An estimate of the amounts of basic allowance for housing under [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim) that will be paid, during the current fiscal year and the fiscal year for which the budget is submitted, to members of the armed forces living in housing provided under the authorities in this subchapter.
(B) The number of units of military family housing and military unaccompanied housing upon which the estimate under subparagraph (A) for the current fiscal year and the next fiscal year is based.
(3) A description of the plans for housing privatization activities to be carried out under this subchapter—
(A) during the fiscal year for which the budget is submitted; and
(B) during the period covered by the then-current future-years defense plan under [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim).
(4) A report identifying each family housing unit acquired or constructed under this subchapter that is used, or intended to be used, as quarters for a general officer or flag officer and for which the total operation, maintenance, and repair costs for the unit exceeded $50,000. For each housing unit so identified, the report shall also include the total of such operation, maintenance, and repair costs.
**(c) Semi-annual Report on Privatization Projects.—** The Secretary of Defense shall submit to the congressional defense committees a semi-annual report containing an evaluation of the status of oversight and accountability measures under [section 2885 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2885&num=0&edition=prelim) for military housing privatization projects. To the extent each Secretary concerned has the right to attain the information described in this subsection, each report shall include, at a minimum, the following:
(1) An assessment of the backlog of maintenance and repair at each military housing privatization project where a significant backlog exists, including an estimation of the cost of eliminating the maintenance and repair backlog.
(2) If the debt associated with a privatization project exceeds net operating income or the occupancy rates for the housing units are below 75 percent for more than one year, the plan developed to mitigate the financial risk of the project.
(3) An assessment of any significant project variances between the actual and pro forma deposits in the recapitalization account, to specifically include any unique variances associated with litigation costs.
(4) The details of any significant withdrawals from a recapitalization account, including the purpose and rationale of the withdrawal and, if the withdrawal occurs before the normal recapitalization period, the impact of the early withdrawal on the financial health of the project.
(5) An assessment of the extent to which the information required to comply with paragraphs (1) through (4) has been requested by the Secretaries, but has not been made available.
(6) An assessment of cost assessed to members of the armed forces for utilities compared to utility rates in the local area.
(7) An assessment of the condition of housing units based on the average age of those units and the estimated time until recapitalization.
(8) An assessment of tenant complaints.
(9) An assessment of maintenance response times and completion of maintenance requests.
(10) An assessment of the dispute resolution process under [section 2894(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2894/c&num=0&edition=prelim), which shall include a list of dispute resolution cases by installation and the final outcome of each case.
(11) An assessment of overall customer service for tenants.
(12) A description of the results of any no-notice housing inspections conducted.
(13) The results of any resident surveys conducted.
(14) With regard to issues of lead-based paint in housing units, a summary of data relating to the presence of lead-based paint in such housing units, including the following by military department:
(A) The total number of housing units containing lead-based paint.
(B) A description of the reasons for the failure to inspect any housing unit that contains lead-based paint.
(C) A description of all abatement or mitigation efforts completed or underway in housing units containing lead-based paint.
(D) A certification as to whether military housing under the jurisdiction of the Secretary concerned complies with requirements relating to lead-based paint, lead-based paint activities, and lead-based paint hazards, as described in section 408 of the Toxic Substances Control Act ([15 U.S.C. 2688](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2688&num=0&edition=prelim)).
(15) An explanation of—
(A) the housing data used by each Secretary concerned; and
(B) the housing data each Secretary concerned requests from companies responsible for managing privatization projects.
(16) An assessment of how each Secretary concerned uses such housing data to inform the on-base housing decisions for the military department under the jurisdiction of the Secretary.
(17) An explanation of—
(A) the limitations of any tenant satisfaction data collected by the Secretary concerned (including limitations with respect to the availability of such data);
(B) the process of the Secretary concerned for determining tenant satisfaction; and
(C) reasons for missing tenant satisfaction data, if any.
(18) To the maximum extent practicable, a breakdown of the information described in paragraphs (1) through (17), disaggregated by—
(A) military installation; and
(B) military housing privatization project.
**(d) Annual Briefings.—** Not later than February 1 of each year, each Secretary concerned shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on military housing privatization projects under the jurisdiction of the Secretary. Such briefing shall include, for the 12-month period preceding the date of the briefing, each of the following:
(1) The information described in paragraphs (1) through (18) of subsection (c) of subsection (c) with respect to all military housing privatization projects under the jurisdiction of the Secretary.
(2) A review of any such project that is expected to require the restructuring of a loan, including any public or private loan.
(3) For any such project expected to require restructuring, a timeline for when such restructuring is expected to occur.
(4) Such other information as the Secretary determines appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Entitlement.—**
(1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status of the member, and the geographic location of the member. The basic allowance for housing may be paid in advance.
(2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense.
**(b) Basic Allowance for Housing Inside the United States.—**
(1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2).
(2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between members with dependents in pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 403
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense shall submit to Congress each year, not later than five days after the date on which the President’s budget is submitted to Congress that year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.
**(b)**
(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim) in the budget submitted to Congress under that section for any fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 221
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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) Oversight and Accountability Measures.—** Each Secretary concerned shall prescribe regulations to effectively oversee and manage military housing privatization projects carried out under this subchapter during the course of the construction or renovation of the housing units. The regulations shall include the following requirements for each privatization project:
(1) The installation asset manager shall conduct monthly site visits and provide quarterly reports on the progress of the construction or renovation of the housing units. The reports shall be submitted quarterly to the assistant secretary for installations and environment of the respective military department.
(2) The installation asset manager, and, as applicable, the resident construction manager, privatization asset manager, bondholder representative, project owner, developer, general contractor, and construction consultant for the project shall conduct meetings to ensure that the construction or renovation of the units meets performance and schedule requirements and that appropriate operating and ground lease agreements are in place and adhered to.
(3) In the case of a project for new construction, if the project is 90 days or more behind schedule or otherwise appears to be substantially failing to adhere to the obligations or milestones under the contract, the assistant secretary for installations and environment of the respective military department shall submit a notice of deficiency to the Assistant Secretary of Defense for Energy, Installations, and Environment, the Secretary concerned, the managing member, and the trustee for the project.
(4)
(A) Not later than 15 days after the submittal of a notice of deficiency under paragraph (3), the Secretary concerned or designated representative s
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2885
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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) 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
Each department, agency, and instrumentality of executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in a lead-based paint hazard, and each officer, agent, or employee thereof, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for certification, licensing, recordkeeping, or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief) respecting lead-based paint, lead-based paint activities, and lead-based paint hazards in the same manner, and to the same extent as any nongovernmental entity is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines regardless of whether such penalties or fines are punitive or coercive in nature, or whether imposed for isolated, intermittent or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this section include, but are not limited to, fees or charges assessed for certification and licensing, as well as any other nondiscriminatory
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2688
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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)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
Page 2306
TITLE 10—ARMED FORCES
§ 2883a
2008—Subsec. (c)(1)(G). Pub. L. 110–181, § 2705(a)(1),
added subpar. (G).
Subsec. (c)(2)(G). Pub. L. 110–181, § 2705(a)(2), added
subpar. (G).
Subsec. (f). Pub. L. 110–181, § 2705(b), substituted ‘‘sub-
paragraph (B) or (G) of paragraph (1) or subparagraph
(B) or (G) of paragraph (2)’’ for ‘‘paragraph (1)(B) or
(2)(B)’’ and inserted at end ‘‘In addition, the notice re-
quired in connection with a transfer under subpara-
graph (G) of paragraph (1) or subparagraph (G) of para-
graph (2) shall include a certification that the amounts
to be transferred from the Department of Defense Base
Closure Account 2005 were specified in the conference
report to accompany the most recent Military Con-
struction Authorization Act.’’
2006—Subsec. (c)(1)(B). Pub. L. 109–163, § 2806(b), sub-
stituted ‘‘acquisition, improvement, or construction’’
for ‘‘acquisition or construction’’.
Subsec. (e). Pub. L. 109–163, § 2806(a), designated exist-
ing provisions as par. (1) and added par. (2).
2004—Subsec. (g). Pub. L. 108–375 struck out heading
and text of subsec. (g). Text read as follows: ‘‘The total
value in budget authority of all contracts and invest-
ments undertaken using the authorities provided in
this subchapter shall not exceed—
‘‘(1) $850,000,000 for the acquisition or construction
of military family housing; and
‘‘(2) $150,000,000 for the acquisition or construction
of military unaccompanied housing.’’
2003—Subsec. (c)(1)(F). Pub. L. 108–136, § 2805(c)(1),
added subpar. (F).
Subsec. (c)(2)(F). Pub. L. 108–136, § 2805(c)(2), added
subpar. (F).
Subsec. (f). Pub. L. 108–136, § 1031(a)(51), inserted be-
fore period at end ‘‘or, if earlier, the end of the 14-day
period beginning on the date on which a copy of the no-
tice and
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2884
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.