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10 U.S.C. § 2881a — Temporary authority for acquisition or construction of privatized military unaccompanied housing
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary concerned may use the authority under this subchapter to enter into contracts with appropriate private sector entities for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States.
**(b) Treatment of Housing; Assignment of Members.—** The Secretary concerned may assign members of the armed forces without dependents to housing units acquired or constructed pursuant to this section, and such housing units shall be considered as quarters of the United States or a housing facility under the jurisdiction of the Secretary for purposes of [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim).
**(c) Basic Allowance for Housing.—**
(1) The Secretary of Defense may prescribe and, under section 403(o) of title 37, pay for members of the armed forces without dependents in privatized housing units acquired or constructed pursuant to this section higher rates of partial basic allowance for housing than the rates authorized under paragraph (2) of such section.
(2) The partial basic allowance for housing paid for a member at a higher rate under this subsection may be paid directly to the private sector source of the housing to whom the member is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge.
**(d) Funding.—**
(1) The Secretary concerned shall use the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities pursuant to this section.
(2) Subject to 30 days prior notification to the appropriate committees of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2881a
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Source file: Laws/federal/codes/united-states-code/title-10/section-2881a-temporary-authority-for-acquisition-or-construction-of-privatized-milita--4d2eda4097.md
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Source location: Title 10, Chapter 169, § 2881a; chapter-169-military-construction-and-military-family-housing.md
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**(a) In General.—** The Secretary concerned may use the authority under this subchapter to enter into contracts with appropriate private sector entities for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States.
**(b) Treatment of Housing; Assignment of Members.—** The Secretary concerned may assign members of the armed forces without dependents to housing units acquired or constructed pursuant to this section, and such housing units shall be considered as quarters of the United States or a housing facility under the jurisdiction of the Secretary for purposes of [section 403 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim).
**(c) Basic Allowance for Housing.—**
(1) The Secretary of Defense may prescribe and, under section 403(o) of title 37, pay for members of the armed forces without dependents in privatized housing units acquired or constructed pursuant to this section higher rates of partial basic allowance for housing than the rates authorized under paragraph (2) of such section.
(2) The partial basic allowance for housing paid for a member at a higher rate under this subsection may be paid directly to the private sector source of the housing to whom the member is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge.
**(d) Funding.—**
(1) The Secretary concerned shall use the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities pursuant to this section.
(2) Subject to 30 days prior notification 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), such additional amounts as the Secretary of Defense considers necessary may be transferred to the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in military construction accounts. The amounts so transferred shall be merged with and be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund.
**(e) Expiration.—** The authority of the Secretary concerned to enter into a contract under this section shall expire September 30, 2029.
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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) 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
Page 2303
TITLE 10—ARMED FORCES
§ 2881a
(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 ac-
quired or constructed under this subchapter.
(Added Pub. L. 104–106, div. B, title XXVIII,
§ 2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended
Pub. L. 108–136, div. B, title XXVIII, § 2806, Nov.
24, 2003, 117 Stat. 1722; Pub. L. 109–364, div. B,
title XXVIII, § 2807(b), Oct. 17, 2006, 120 Stat.
2469.)
Editorial Notes
AMENDMENTS
2006—Subsec. (b). Pub. L. 109–364 substituted ‘‘Sec-
tions 2826 and 2856’’ for ‘‘(1) Section 2826’’, inserted ‘‘or
military unaccompanied housing’’ after ‘‘military fam-
ily housing’’, and struck out par. (2) which read as fol-
lows: ‘‘The regulations prescribed under section 2856 of
this title shall not apply to any military unaccom-
panied housing unit acquired or constructed under this
subchapter.’’
2003—Subsec. (b)(2). Pub. L. 108–136 struck out ‘‘unless
the unit is located on a military installation’’ before
period at end.
§ 2881. Ancillary supporting facilities
(a) AUTHORITY TO ACQUIRE
OR CONSTRUCT.—
Any project for the acquisition or construction
of military family housing units or military un-
accompanied housing units under this sub-
chapter may include the acquisition or con-
struction of ancillary supporting facilities for
the housing units concerned.
(b) RESTRICTION.—A project referred to in sub-
section (a) may not include the acquisition or
construction of an ancillary supporting facility
(other than a child development center) if, as de-
termined by the Secretary concerned, the facil-
ity is to be used for providing merchandise or
services in direct competition with—
(1) the Army and Air F
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2881a
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