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10 U.S.C. § 2856 — Military unaccompanied housing: standards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Local Comparability in Floor Areas.—** In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for purposes of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A).
**(b) Floor Space and Number of Members Allowed.—** In the design and configuration of covered military unaccompanied housing, the Secretary of Defense shall establish uniform design standards that—
(1) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of covered military unaccompanied housing;
(2) ensure that not more than two individuals may occupy such a unit; and
(3) provide definitions and measures that specify—
(A) criteria of design;
(B) quality of construction material to be used; and
(C) levels of maintenance to be required.
**(c) Covered Military Unaccompanied Housing.—** For purposes of this section, section 2856a, and section 2856b, the term “covered military unaccompanied housing” means Government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.
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Source file: Laws/federal/codes/united-states-code/title-10/section-2856-military-unaccompanied-housing-standards--911a595ea8.md
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Source location: Title 10, Chapter 169, § 2856; chapter-169-military-construction-and-military-family-housing.md
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**(a) Local Comparability in Floor Areas.—** In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for purposes of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A).
**(b) Floor Space and Number of Members Allowed.—** In the design and configuration of covered military unaccompanied housing, the Secretary of Defense shall establish uniform design standards that—
(1) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of covered military unaccompanied housing;
(2) ensure that not more than two individuals may occupy such a unit; and
(3) provide definitions and measures that specify—
(A) criteria of design;
(B) quality of construction material to be used; and
(C) levels of maintenance to be required.
**(c) Covered Military Unaccompanied Housing.—** For purposes of this section, section 2856a, and section 2856b, the term “covered military unaccompanied housing” means Government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law.
**(b)** In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection.
**(c)** Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead.
**(d)** Amounts authorized by law for construction and acquisition of military family housing and facilities include amounts for—
(1) minor construction;
(2) improvements to existing military family housing units and facilities;
(3) relocation of military family housing units under [section 2827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2827&num=0&edition=prelim); and
(4) architectural and engineering services and construction design.
**(e)** The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2821
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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 term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter and subchapter V of this chapter:
(1) The term “ancillary supporting facilities” means facilities related to housing units, including facilities to provide or support elementary or secondary education, child care centers, day care centers, child development centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing.
(2) The term “child development center” includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through five years old for full-day, part-day, and hourly service.
(3) The term “construction” means the construction of housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities.
(4) The term “contract” includes any contract, lease, or other agreement entered into under the authority of this subchapter. The fact that an agreement between an eligible entity and the Secretary concerned is designated as an agreement rather than a contract shall not be construed to exclude the agreement from the term “contract” for purposes of this subchapter and subchapter V.
(5) The term “eligible entity” means any private person, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government that is prepared to enter into a contract as a partner with the Secretary concerned for the construction of housing units and ancillary supporting facilities.
(6) The term “Fund” means the Department of Defense Family Housing Improvement Fund or the Department of Defense Military Unaccompanied Housing Improvement Fund established under [section 2883(a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2871
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Along with the budget for each fiscal year submitted by the President pursuant to [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), United States Code, each Secretary of a military department shall include a consolidated budget justification display for the congressional defense committees that individually identifies—
(1) for the fiscal year covered by the budget, the total requested expenditure for Facilities Sustainment, Restoration, and Modernization projects for covered military unaccompanied housing compared to the total expenditure required by such projects, disaggregated by military department; and
(2) the total expenditure for Facilities Sustainment, Restoration, and Modernization projects made during the fiscal year beginning two years before the fiscal year covered by the budget, disaggregated by—
(A) military installation;
(B) the type of facility repaired or restored under such repair projects;
(C) the number of such repair projects that were for sustainment or repair of a facility; and
(D) the number of such repair projects that were for restoration or modernization of a facility.
**(b) Definitions.—** In this section:
(1) The term “covered military unaccompanied housing” has the meaning given in [section 2856 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2856&num=0&edition=prelim).
(2) The terms “facility” and “military installation” have the meanings given, respectively, in [section 2801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2801&num=0&edition=prelim).
(3) The term “repair project” has the meaning given in [section 2811 of this title](
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 227
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures for Issuance of Certain Waivers.—** Any waiver of covered privacy and configuration standards or covered health and safety standards shall be issued in accordance with the following:
(1) A commander of a military installation desiring a waiver of covered privacy and configuration standards or covered health and safety standards shall submit to the Secretary of the military department concerned a request for such waiver.
(2) A Secretary of a military department may approve a request under paragraph (1) only if such Secretary has exhausted all options available to such Secretary to provide housing that meets covered privacy and configuration standards or covered health and safety standards (as applicable), including the—
(A) use of available privately-owned military housing;
(B) modification of unit integrity goals to allow the use of each available unit of covered military unaccompanied housing that meets covered privacy and configuration standards or covered health and safety standards (as applicable); and
(C) issuance of a certificate of nonavailability of covered military unaccompanied housing to allow eligibility for 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).
(3) An official described in paragraph (1) or (2) may not delegate the respective authorities under such paragraphs.
(4) Any waiver of covered privacy and configuration standards or covered health and safety standards issued pursuant to this paragraph shall terminate on the date that is 15 months after the date on which such waiver was issued. A Secretary of a military department may not renew any such waiver.
**(b) Annual Report on Waivers.—** Not later than Marc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2856a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requiring Use of Devices on Certain Windows.—**
(1) **Requirement.—** — The Secretary concerned shall ensure that if a window in any military family housing unit is described in subsection (c), including a window designed for emergency escape or rescue, the window is equipped with fall prevention devices described in paragraph (3).
(2) **Effective date.—** — Paragraph (1) shall apply with respect to the following military family housing units:
(A) A unit for which the contract for the construction of the unit is first entered into after October 1, 2019.
(B) Any other unit which is subject to a whole-house renovation project for which the contract is entered into on or after October 1, 2019.
(3) **Fall prevention device described.—** — A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090–13 (or any successor standard).
**(b) Retrofitting or Replacing Existing Windows.—**
(1) **Program to retrofit existing windows.—** — The Secretary concerned shall carry out a program under which, in military family housing units which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (3) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.
(2) **Grants.—** — The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.
(3) **Use of operations funding.—** — The Secretary may carry ou
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2857
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conformity With Similar Housing Units in Locale.—** The Secretary concerned shall ensure that the room patterns and floor areas of military family housing units and military unaccompanied housing units acquired or constructed under this subchapter are generally comparable to the room patterns and floor areas of similar housing units in the locality concerned.
**(b) Inapplicability of Limitations on Space by Pay Grade.—** Sections 2826 and 2856 of this title shall not apply to military family housing or military unaccompanied housing units acquired or constructed under this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2880
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Federal law — U.S. Code and appendices · legal_authorities
Page 2278
TITLE 10—ARMED FORCES
§ 2855
an electronic medium pursuant to section 480 of this
title’’.
2002—Subsec. (d)(1). Pub. L. 107–217 substituted ‘‘Sub-
title I of title 40 and title III of the’’ for ‘‘The’’ and ‘‘(41
U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’.
2001—Subsec. (d)(2). Pub. L. 107–107 substituted
‘‘McKinney-Vento
Homeless
Assistance
Act’’
for
‘‘Stewart B. McKinney Homeless Assistance Act’’.
§ 2855. Law applicable to contracts for architec-
tural and engineering services and construc-
tion design
(a) Contracts for architectural and engineer-
ing services and construction design in connec-
tion with a military construction project or a
military family housing project shall be award-
ed in accordance with chapter 11 of title 40.
(b)(1) In the case of a contract referred to in
subsection (a), if the Secretary concerned esti-
mates that the initial award of the contract will
be in an amount less than the threshold amount
determined under paragraph (2), the contract
shall be awarded in accordance with the set
aside provisions of the Small Business Act (15
U.S.C. 631 et seq.).
(2) The threshold amount under paragraph (1)
is $1,000,000.
(3) This subsection does not restrict the award
of contracts to small business concerns under
section 8(a) of the Small Business Act (15 U.S.C.
637(a)).
(Added Pub. L. 97–214, § 2(a), July 12, 1982, 96
Stat. 166; amended Pub. L. 98–407, title VIII,
§ 808(a), Aug. 28, 1984, 98 Stat. 1521; Pub. L.
107–217, § 3(b)(22), Aug. 21, 2002, 116 Stat. 1297;
Pub. L. 108–136, div. A, title XIV, § 1427(a), Nov.
24, 2003, 117 Stat. 1670; Pub. L. 115–232, div. B,
title XXVIII, § 2804(a), (b), Aug. 13, 2018, 132 Stat.
2261.)
Editorial Notes
REFERENCES IN TEXT
The Small Business Act, referred to in s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2856
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.