10 U.S.C. § 2831 — Military family housing management ac-

Page 2260 TITLE 10—ARMED FORCES [§ 2830 1 See References in Text note below. [§ 2830. Repealed. Pub. L. 116–283, div. B, title XXVIII, § 2812(a), Jan. 1, 2021, 134 Stat. 4326] Section, added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 162; amended Pub. L. 99–348, title III, § 304(a)(4), July 1, 1986, 100 Stat. 703; Pub. L. 100–180, div. A, title VI, § 632(a), Dec. 4, 1987, 101 Stat. 1105; Pub. L. 105–85, div. A, title VI, § 603(d)(2)(B), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314, related to occupancy of substandard family housing units. § 2831. Military family housing management ac- count (a) ESTABLISHMENT.—There is on the books of the Treasury an account known as the Depart- ment of Defense Military Family Housing Man- agement Account (hereinafter in this section re- ferred to as the ‘‘account’’). The account shall be used for the management and administration of funds appropriated or otherwise made avail- able to the Department of Defense for military family housing programs. (b) CREDITS TO ACCOUNT.—The account shall be administered as a single account. There shall be transferred into the account— (1) appropriations made for the purpose of, or which are available for, the payment of costs arising in connection with the construc- tion, acquisition, leasing, relocation, oper- ation and maintenance, and disposal of mili- tary family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the ac- quisition of such housing, and mortgage insur- ance premiums payable under section 222(c) 1 of the National Housing Act (12 U.S.C. 1715m(c)); (2) proceeds from the rental of family hous- ing and mobile home facilities under the con- trol of a military department, reimbursements from the occupants of such facilities for serv- ices rendered (including utility costs), funds obtained from individuals as a result of losses, damages, or destruction to such facilities caused by the abuse or negligence of such indi- viduals, and reimbursements from other Gov- ernment agencies for expenditures from the account; and (3) proceeds of the handling and the disposal of family housing of a military department (including related land and improvements), whether carried out by a military department or any other Federal agency, but less those ex- penses payable pursuant to section 572(a) of title 40. (c) AVAILABILITY OF AMOUNTS IN ACCOUNT.— Amounts in the account shall remain available until spent. (d) USE OF ACCOUNT.—The Secretary concerned may make obligations against the account, in such amounts as may be specified from time to time in appropriation Acts, for the purpose of defraying, in the manner and to the extent au- thorized by law, the costs referred to in sub- section (b). (e) NOTICE AND WAIT REQUIREMENT.—The Sec- retary concerned may not carry out a mainte- nance or repair project for a family housing unit used, or intended for use, as quarters for a gen- eral officer or flag officer if the project will or may result in the total operation, maintenance, and repair costs for the unit for the fiscal year to exceed $35,000, until after the end of the 14- day period beginning on the date on which the Secretary submits, in an electronic medium pur- suant to section 480 of this title, to the appro- priate committees of Congress a justification of the need for the maintenance or repair project, including an estimate of the cost of the project. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 162; amended Pub. L. 107–217, § 3(b)(19), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–375, div. B, title XXVIII, § 2802(a), (b), Oct. 28, 2004, 118 Stat. 2119, 2120; Pub. L. 109–364, div. A, title X, § 1071(a)(26), div. B, title XXVIII, § 2805, Oct. 17, 2006, 120 Stat. 2399, 2467; Pub. L. 115–91, div. A, title X, § 1051(a)(21), div. B, title XXVIII, § 2801(b)(4), Dec. 12, 2017, 131 Stat. 1561, 1843.) Editorial Notes REFERENCES IN TEXT Section 222(c) of the National Housing Act (12 U.S.C. 1715m(c)), referred to in subsec. (b)(1), was repealed by Pub. L. 110–289, div. B, title I, § 2120(a)(5), July 30, 2008, 122 Stat. 2835. AMENDMENTS 2017—Subsec. (e). Pub. L. 115–91, § 2801(b)(4), sub- stituted ‘‘until after the end of the 14-day period begin- ning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justifica- tion of the need for the maintenance or repair project, including an estimate of the cost of the project.’’ for ‘‘until— ‘‘(1) the Secretary concerned submits to the con- gressional defense committees, in writing, a justifica- tion of the need for the maintenance or repair project and an estimate of the cost of the project; and ‘‘(2) a period of 21 days has expired following the date on which the justification and estimate are re- ceived by the committees or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification and estimate are provided in an electronic medium pursuant to section 480 of this title.’’ Pub. L. 115–91, § 1051(a)(21)(C), substituted ‘‘The Sec- retary’’ for ‘‘(1) Except as provided in paragraphs (2) and (3), the Secretary’’, redesignated subpars. (A) and (B) of par. (1) as pars. (1) and (2), respectively, and struck out former pars. (2) and (3) which read as fol- lows: ‘‘(2) The project justification and cost estimate re- quired by paragraph (1)(A) may be submitted after the commencement of a maintenance or repair project for a family housing unit used, or intended for use, as quarters for a general officer or flag officer if the project is a necessary environmental remediation project for the unit or is necessary for occupant safety or security, and the need for the project arose after the submission of the most recent report under subsection (e). ‘‘(3) Paragraph (1) shall not apply in the case of a family housing unit used, or intended for use, as quar- ters for a general officer or flag officer if the unit was identified in the most recent report submitted under subsection (e) and the cost of the maintenance or repair project was included in the total of anticipated oper- ation, maintenance, and repair costs for the unit speci- fied in the report.’’ Pub. L. 115–91, § 1051(a)(21)(A), (B), redesignated sub- sec. (f) as (e) and struck out former subsec. (e) which required reports on general officers and flag officers quarters. Page 2261 TITLE 10—ARMED FORCES § 2834 1 See References in Text note below. Subsec. (f). Pub. L. 115–91, § 1051(a)(21)(B), redesig- nated subsec. (f) as (e). 2006—Subsecs. (a) to (d). Pub. L. 109–364, § 2805(b)(1)–(4), inserted subsec. headings. Subsec. (e). Pub. L. 109–364, § 2805(b)(5), struck out ‘‘Cost of’’ before ‘‘General Officers’’ in heading. Subsec. (e)(1)(B). Pub. L. 109–364, § 2805(a)(2)(A), sub- stituted ‘‘identified under subparagraph (A)’’ for ‘‘so identified’’. Subsec. (e)(1)(C) to (E). Pub. L. 109–364, § 2805(a)(1), (2)(B), (3), added subpars. (C) to (E). Subsec. (f)(2). Pub. L. 109–364, § 1071(a)(26), substituted ‘‘environmental’’ for ‘‘enviromental’’. 2004—Subsecs. (e), (f). Pub. L. 108–375 added subsecs. (e) and (f). 2002—Subsec. (b)(3). Pub. L. 107–217 substituted ‘‘sec- tion 572(a) of title 40’’ for ‘‘section 204(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(b))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2832. Homeowners assistance program The Secretary of Defense may exercise the au- thority provided in section 1013 of the Dem- onstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374). (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 163; amended Pub. L. 101–189, div. B, title XXVIII, § 2831(a), Nov. 29, 1989, 103 Stat. 1660; Pub. L. 104–106, div. A, title XV, § 1502(a)(26), Feb. 10, 1996, 110 Stat. 506; Pub. L. 107–107, div. A, title X, § 1048(e)(11), Dec. 28, 2001, 115 Stat. 1228.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–107 struck out ‘‘(a)’’ before ‘‘The Secretary of Defense’’ and struck out subsec. (b) which read as follows: ‘‘(b)(1) Subject to paragraph (2) and notwithstanding subsection (i) of section 1013 of the Act referred to in subsection (a)— ‘‘(A) the Secretary of Defense may transfer not more than $31,000,000 from the Department of Defense Base Closure Account, established by section 207 of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 102 Stat. 2627), to the fund established pursuant to sub- section (d) of such section 1013 for use as part of such fund; and ‘‘(B) any funds so transferred shall be available for obligation and expenditure for the same purposes that funds appropriated to such fund are available, except that such funds may not be obligated after September 30, 1991. ‘‘(2) Amounts may be transferred under paragraph (1) only after the date on which the appropriate commit- tees of Congress receive from the Secretary written no- tice of, and justification for, the transfer.’’ 1996—Subsec. (b)(2). Pub. L. 104–106 substituted ‘‘ap- propriate committees of Congress’’ for ‘‘Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives’’. 1989—Pub. L. 101–189 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. B, title XXVIII, § 2831(b), Nov. 29, 1989, 103 Stat. 1660, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply only to funds appropriated or transferred to, or otherwise deposited in, the Department of Defense Base Closure Account for, or during, fiscal years beginning after September 30, 1989.’’ EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2833. Family housing support Amounts authorized by law for support of military family housing include amounts for— (1) operating expenses; (2) leasing expenses; (3) maintenance of real property expenses; (4) payments of principal and interest on mortgage debts incurred; and (5) payments of mortgage insurance pre- miums authorized under section 222 1 of the National Housing Act (12 U.S.C. 1715m). (Added Pub. L. 99–167, title VIII, § 804(b)(1), Dec. 3, 1985, 99 Stat. 987.) Editorial Notes REFERENCES IN TEXT Section 222 of the National Housing Act (12 U.S.C. 1715m), referred to in par. (5), was repealed by Pub. L. 110–289, div. B, title I, § 2120(a)(5), July 30, 2008, 122 Stat. 2835. § 2834. Participation in Department of State housing pools (a) The Secretary concerned may enter into an agreement with the Secretary of State under which the Secretary of State agrees to provide housing and related services for personnel under the jurisdiction of the Secretary concerned who are assigned to duty in a foreign country if the Secretary concerned determines— (1) that there is a shortage of adequate hous- ing in the area of the foreign country in which such personnel are assigned to duty; and (2) that participation in the Department of State housing pool is the most cost-effective means of providing housing for such personnel. The Secretary concerned shall reimburse the Secretary of State, as provided in the agree- ment, for housing and related services furnished personnel under the jurisdiction of the Sec- retary concerned. (b) The maximum lease amounts specified in section 2828(e)(1) of this title for the rental of family housing in foreign countries shall not apply to housing made available to the Depart- ment of Defense under this section. To the ex- tent that the lease amount for units of housing made available under this subsection exceeds such maximum lease amounts, such units shall not be counted in applying the limitation con- tained in such section on the number of units of family housing for which the Secretary con- cerned may waive such maximum lease amounts. (Added Pub. L. 99–167, title VIII, § 808(a), Dec. 3, 1985, 99 Stat. 989; amended Pub. L. 101–510, div.