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Title 10 — Armed Forces

Part IV · Chapter 165 — Accountability and Responsibility

§ 2775. Liability of members assigned to military housing

Statutory text

(a)
(1)

A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if (as determined under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member).

(2)

A member of the armed forces—

(A)

who is assigned or provided a family housing unit; and

(B)

who fails to clean satisfactorily that housing unit (as determined under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) upon termination of the assignment or provision of that housing unit,

shall be liable to the United States for the cost of cleaning made necessary as a result of that failure.

(b)

The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may establish limitations on liability under this section, including (in the case of liability under subsection (a)(1)) different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section.

(c)
(1)

The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a)(1), or the cost of any cleaning made necessary by a failure to clean satisfactorily a family housing unit referred to in subsection (a)(2), for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means.

(2)

The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37.

(d)

Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit) or failure to clean satisfactorily a family housing unit, or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned, or the operating expenses account of the Coast Guard, as appropriate. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts.

(e)

The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations to carry out this section. Such regulations shall include—

(1)

regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence for which a member is liable under subsection (a)(1);

(2)

regulations for determining the cost of cleaning made necessary as a result of the failure to clean satisfactorily for which a member is liable under subsection (a)(2); and

(3)

provisions for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Military Construction Authorization Act, 1981

    Pub. L. 96–418 title V § 506(a) · 94 Stat. 1749

    Enacted · 10 U.S.C. § 2775

    Added Pub. L. 96–418, title V, § 506(a), Oct. 10, 1980, 94 Stat. 1765

    Source evidence

    Code source credit
    Added Pub. L. 96–418, title V, § 506(a), Oct. 10, 1980, 94 Stat. 1765

    Enacted provision · exact public law section
    (a) Chapter 165 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§2775. Liability of member for damages to family housing, equipment, and furnishings “(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit, or damage to or loss of any equipment or furnishing of any family housing unit, assigned to or provided such member if it is determined, under regulations issued by the Secretary of Defense, that such damage or loss was caused by the abuse or negligence of such member or a dependent of such member. “(b) (1) The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of the repairs or replacements made necessary as the result of any abuse or negligence referred to in subsection (a) on the part of such member or any dependent of such member. “(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations issued under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. “(c) Amounts deducted from members’ pay under this section shall be credited to the Department of Defense family housing management account established under section 501 of Public Law 87–554 (76 Stat. 236; 42 U.S.C. 1594a–1) and shall be available for use for the same purposes and under the same circumstances as other funds in such account. “(d) The Secretary of Defense shall issue regulations to carry out the provisions of this section, including regulations for determining the cost of repairs or replacements made necessary as the result of abuse or negligence on the part of a member or dependent of a member.”.

  2. Military Construction Codification Act

    Pub. L. 97–214 § 10(a)(6) · 96 Stat. 153

    Substituted · 10 U.S.C. § 2775(c)

    Pub. L. 97–214, § 10(a)(6), substituted “Military Family Housing Management Account provided for in section 2831 of this title” for “family housing management account established under section 501 of Public Law 87–554 (76 Stat. 236; 42 U.S.C. 1594a–1)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–214, § 10(a)(6), substituted “Military Family Housing Management Account provided for in section 2831 of this title” for “family housing management account established under section 501 of Public Law 87–554 (76 Stat. 236; 42 U.S.C. 1594a–1)”.

    Enacted provision · exact public law section
    (6) Section 2775(c) of such title is amended by striking out 10 USC 2775. “family” and all that follows through “1594a–1)” and inserting in lieu thereof “Military Family Housing Management Account provided for in section 2831 of this title”.

  3. Military Construction Authorization Act, 1985

    Pub. L. 98–407 title VIII § 801(a)(1) · 98 Stat. 1495

    Substituted · 10 U.S.C. § 2775

    Pub. L. 98–407 substituted “Liability of members for damage to housing and related equipment and furnishings” for “Liability of member for damages to family housing, equipment, and furnishings” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 98–407 substituted “Liability of members for damage to housing and related equipment and furnishings” for “Liability of member for damages to family housing, equipment, and furnishings” in section catchline.

    Enacted provision · exact public law section
    (1) Section 2775 of title 10, United States Code, is amended to read as follows: “§2775. Liability of members for damage to housing and related equipment and furnishings “(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if it is determined, under regulations prescribed by the Secretary of Defense, that the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member). “(b) The Secretary of Defense may establish limitations on liability under this section, including different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section. “(c) (1) The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a) for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means. “(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. “(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit), or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts. “(e) The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”.

  4. Military Construction Authorization Act, 1985

    Pub. L. 98–407 title VIII § 801(a)(1) · 98 Stat. 1495

    1. Amended · 10 U.S.C. § 2775(a)

      Pub. L. 98–407 amended subsec. (a) generally

    2. Inserted · 10 U.S.C. § 2775(a)

      Pub. L. 98–407 inserting references to unaccompanied personnel housing units, and expanding liability of members of the Armed Forces to include damages caused by the abuse or negligence of a guest of the member or of a dependent of the member

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–407 amended subsec. (a) generally, inserting references to unaccompanied personnel housing units, and expanding liability of members of the Armed Forces to include damages caused by the abuse or negligence of a guest of the member or of a dependent of the member.

    Enacted provision · exact public law section
    (1) Section 2775 of title 10, United States Code, is amended to read as follows: “§2775. Liability of members for damage to housing and related equipment and furnishings “(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if it is determined, under regulations prescribed by the Secretary of Defense, that the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member). “(b) The Secretary of Defense may establish limitations on liability under this section, including different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section. “(c) (1) The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a) for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means. “(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. “(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit), or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts. “(e) The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”.

  5. Military Construction Authorization Act, 1985

    Pub. L. 98–407 title VIII § 801(a)(1) · 98 Stat. 1495

    Redesignated · 10 U.S.C. § 2775(b)

    Pub. L. 98–407 added subsec. (b). Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–407 added subsec. (b). Former subsec. (b) redesignated (c).

    Enacted provision · exact public law section
    (1) Section 2775 of title 10, United States Code, is amended to read as follows: “§2775. Liability of members for damage to housing and related equipment and furnishings “(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if it is determined, under regulations prescribed by the Secretary of Defense, that the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member). “(b) The Secretary of Defense may establish limitations on liability under this section, including different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section. “(c) (1) The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a) for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means. “(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. “(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit), or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts. “(e) The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”.

  6. Military Construction Authorization Act, 1985

    Pub. L. 98–407 title VIII § 801(a)(1) · 98 Stat. 1495

    1. Redesignated · 10 U.S.C. § 2775(c)

      Pub. L. 98–407 redesignated former subsec. (b) as (c), in subsec. (c)(1) as so redesignated substituted reference to any abuse or negligence for which the member is liable for reference to any abuse or negligence on the part of such member or any dependent of such member

    2. Redesignated · 10 U.S.C. § 2775(c)

      Pub. L. 98–407 inserted provision that regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means, and in subsec. (c)(2), as so redesignated

    3. Redesignated · 10 U.S.C. § 2775(c)

      Pub. L. 98–407 substituted reference to regulations prescribed under this section for reference to regulations issued under this section. Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–407 redesignated former subsec. (b) as (c), in subsec. (c)(1) as so redesignated substituted reference to any abuse or negligence for which the member is liable for reference to any abuse or negligence on the part of such member or any dependent of such member, inserted provision that regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means, and in subsec. (c)(2), as so redesignated, substituted reference to regulations prescribed under this section for reference to regulations issued under this section. Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (1) Section 2775 of title 10, United States Code, is amended to read as follows: “§2775. Liability of members for damage to housing and related equipment and furnishings “(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if it is determined, under regulations prescribed by the Secretary of Defense, that the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member). “(b) The Secretary of Defense may establish limitations on liability under this section, including different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section. “(c) (1) The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a) for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means. “(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. “(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit), or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts. “(e) The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”.

  7. Military Construction Authorization Act, 1985

    Pub. L. 98–407 title VIII § 801(a)(1) · 98 Stat. 1495

    1. Redesignated · 10 U.S.C. § 2775(d)

      Pub. L. 98–407 redesignated former subsec. (c) as (d)

    2. Redesignated · 10 U.S.C. § 2775(d)

      Pub. L. 98–407 substituted provisions requiring that amounts received under this section be credited either to the family housing operations and maintenance account of the department or agency concerned, (in the case of damage to family housing or equipment or furnishings therein) or the operations and maintenance account of the department or agency concerned (in the case of damage to an unaccompanied personnel housing unit or equipment or furnishings therein) for provisions that amounts deducted from members’ pay under this section had to be credited to the Department of Defense Military Family Housing Management Account provided for in section 2831 of this title. Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–407 redesignated former subsec. (c) as (d) and substituted provisions requiring that amounts received under this section be credited either to the family housing operations and maintenance account of the department or agency concerned, (in the case of damage to family housing or equipment or furnishings therein) or the operations and maintenance account of the department or agency concerned (in the case of damage to an unaccompanied personnel housing unit or equipment or furnishings therein) for provisions that amounts deducted from members’ pay under this section had to be credited to the Department of Defense Military Family Housing Management Account provided for in section 2831 of this title. Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (1) Section 2775 of title 10, United States Code, is amended to read as follows: “§2775. Liability of members for damage to housing and related equipment and furnishings “(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if it is determined, under regulations prescribed by the Secretary of Defense, that the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member). “(b) The Secretary of Defense may establish limitations on liability under this section, including different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section. “(c) (1) The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a) for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means. “(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. “(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit), or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts. “(e) The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”.

  8. Military Construction Authorization Act, 1985

    Pub. L. 98–407 title VIII § 801(a)(1) · 98 Stat. 1495

    1. Redesignated · 10 U.S.C. § 2775(e)

      Pub. L. 98–407 redesignated former subsec. (d) as (e)(1)

    2. Substituted · 10 U.S.C. § 2775(e)

      Pub. L. 98–407 substituted reference to abuse or negligence referred to in subsec. (a) for reference to abuse or negligence on the part of a member or dependent of a member

    3. Added · 10 U.S.C. § 2775(e)

      Pub. L. 98–407 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 98–407 redesignated former subsec. (d) as (e)(1), substituted reference to abuse or negligence referred to in subsec. (a) for reference to abuse or negligence on the part of a member or dependent of a member, and added par. (2).

    Enacted provision · exact public law section
    (1) Section 2775 of title 10, United States Code, is amended to read as follows: “§2775. Liability of members for damage to housing and related equipment and furnishings “(a) A member of the armed forces shall be liable to the United States for damage to any family housing unit or unaccompanied personnel housing unit, or damage to or loss of any equipment or furnishings of any family housing unit or unaccompanied personnel housing unit, assigned to or provided such member if it is determined, under regulations prescribed by the Secretary of Defense, that the damage or loss was caused by the abuse or negligence of the member (or a dependent of the member) or of a guest of the member (or a dependent of the member). “(b) The Secretary of Defense may establish limitations on liability under this section, including different limitations based upon the degree of abuse or negligence involved, and may compromise or waive a claim of the United States under this section. “(c) (1) The Secretary concerned may deduct from a member’s pay an amount sufficient to pay for the cost of any repair or replacement made necessary as the result of any abuse or negligence referred to in subsection (a) for which the member is liable. Regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means. “(2) The final determination of an amount to be deducted from the pay of an officer of an armed force in accordance with regulations prescribed under this section shall be deemed to be a special order authorizing such deduction for the purposes of section 1007 of title 37. “(d) Amounts received under this section shall be credited to the family housing operations and maintenance account, in the case of damage to a family housing unit (or the equipment or furnishings of a family housing unit), or to the operations and maintenance account, in the case of damage to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit), of the military department or defense agency concerned. Amounts so credited shall be available for use for the same purposes and under the same circumstances as other funds in those accounts. “(e) The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”.

  9. Military Construction Authorization Act, 1986

    Pub. L. 99–167 § 802(d)(1) · 99 Stat. 961

    Substituted · 10 U.S.C. § 2775

    Pub. L. 99–167, § 802(d)(1), substituted “assigned to military housing” for “for damage to housing and related equipment and furnishings” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 99–167, § 802(d)(1), substituted “assigned to military housing” for “for damage to housing and related equipment and furnishings” in section catchline.

    Enacted provision · exact public law section
    (1) The heading of such section is amended to read as follows: “§ 2775. Liability of members assigned to military housing”.

  10. Military Construction Authorization Act, 1986

    Pub. L. 99–167 § 802(a) · 99 Stat. 961

    1. Amended · 10 U.S.C. § 2775(a)

      Pub. L. 99–167, § 802(a), (b)(1), designated existing provisions as par. (1), and in par. (1) as so designated

    2. Inserted · 10 U.S.C. § 2775(a)

      Pub. L. 99–167, § 802(a), (b)(1), inserted “and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy”

    3. Added · 10 U.S.C. § 2775(a)

      Pub. L. 99–167, § 802(a), (b)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–167, § 802(a), (b)(1), designated existing provisions as par. (1), and in par. (1) as so designated, inserted “and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy”, and added par. (2).

    Enacted provision · exact public law section
    (a) Liability for Failure To Clean Satisfactorily.— Subsection 98 Stat. 1517, 1518. (a) of section 2775 of title 10, United States Code, is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end thereof the following new paragraph: “(2) A member of the armed forces— “(A) who is assigned or provided a family housing unit; and “(B) who fails to clean satisfactorily that housing unit (as determined under regulations prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) upon termination of the assignment or provision of that housing unit, shall be liable to the United States for the cost of cleaning made necessary as a result of that failure.”.

  11. Military Construction Authorization Act, 1986

    Pub. L. 99–167 § 802(b)(1) · 99 Stat. 961

    Inserted · 10 U.S.C. § 2775(b)

    Pub. L. 99–167, § 802(b)(1), (c)(1), inserted “and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy” and “(in the case of liability under subsection (a)(1))”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–167, § 802(b)(1), (c)(1), inserted “and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy” and “(in the case of liability under subsection (a)(1))”.

    Enacted provision · exact public law section
    (1) in subsections (a) and (b), by inserting after “the Secretary of Defense” the following: “and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy”; and

  12. Military Construction Authorization Act, 1986

    Pub. L. 99–167 § 802(c)(2) · 99 Stat. 961

    Substituted · 10 U.S.C. § 2775(c)(1)

    Pub. L. 99–167, § 802(c)(2), substituted “subsection (a)(1), or the cost of any cleaning made necessary by a failure to clean satisfactorily a family housing unit referred to in subsection (a)(2),” for “subsection (a)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 99–167, § 802(c)(2), substituted “subsection (a)(1), or the cost of any cleaning made necessary by a failure to clean satisfactorily a family housing unit referred to in subsection (a)(2),” for “subsection (a)”.

    Enacted provision · exact public law section
    (2) Subsection (c)(1) of such section is amended by striking out “subsection (a)” and inserting in lieu thereof “subsection (a)(1), or the cost of any cleaning made necessary by a failure to clean satisfactorily a family housing unit referred to in subsection (a)(2),”.

  13. Military Construction Authorization Act, 1986

    Pub. L. 99–167 § 802(b)(2) · 99 Stat. 961

    Inserted · 10 U.S.C. § 2775(d)

    Pub. L. 99–167, § 802(b)(2), (c)(3), inserted “or failure to clean satisfactorily a family housing unit” and “, or the operating expenses account of the Coast Guard, as appropriate”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–167, § 802(b)(2), (c)(3), inserted “or failure to clean satisfactorily a family housing unit” and “, or the operating expenses account of the Coast Guard, as appropriate”.

    Enacted provision · exact public law section
    (2) in subsection (d), by inserting after “or defense agency concerned” the following: “, or the operating expenses account of the Coast Guard, as appropriate”.

  14. Military Construction Authorization Act, 1986

    Pub. L. 99–167 § 802(c)(4) · 99 Stat. 961

    Amended · 10 U.S.C. § 2775(e)

    Pub. L. 99–167, § 802(c)(4), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–167, § 802(c)(4), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”

    Enacted provision · exact public law section
    (4) Subsection (e) of such section is amended to read as follows: “(e) The Secretary of Defense, and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy, shall prescribe regulations to carry out this section. Such regulations shall include— “(1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence for which a member is liable under subsection (a)(1); “(2) regulations for determining the cost of cleaning made necessary as a result of the failure to clean satisfactorily for which a member is liable under subsection (a)(2); and “(3) provisions for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”.

  15. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 1343(a)(19)(A) · 100 Stat. 3816

    Substituted · 10 U.S.C. § 2775(a)(1)

    Pub. L. 99–661, § 1343(a)(19)(A), substituted “(as determined under regulations prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) the” for “it is determined, under regulations prescribed by the Secretary of Defense and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy, that the”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 99–661, § 1343(a)(19)(A), substituted “(as determined under regulations prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) the” for “it is determined, under regulations prescribed by the Secretary of Defense and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy, that the”.

    Enacted provision · exact public law section
    (A) in subsection (a)(1), by striking out “it is” and all that follows through “that the” and inserting in lieu thereof “(as determined under regulations prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) the”;

  16. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 1343(a)(19)(B) · 100 Stat. 3816

    1. Inserted · 10 U.S.C. § 2775(b)

      Pub. L. 99–661, § 1343(a)(19)(B), inserted a comma after “Secretary of Defense”

    2. Substituted · 10 U.S.C. § 2775(b)

      Pub. L. 99–661, § 1343(a)(19)(B), substituted “with respect to the Coast Guard when it” for “when the Coast Guard”

    3. Inserted · 10 U.S.C. § 2775(b)

      Pub. L. 99–661, § 1343(a)(19)(B), inserted a comma after “Navy”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–661, § 1343(a)(19)(B), inserted a comma after “Secretary of Defense”, substituted “with respect to the Coast Guard when it” for “when the Coast Guard”, and inserted a comma after “Navy”.

    Enacted provision · exact public law section
    (B) in subsection (b)— (i) by inserting a comma after “Secretary of Defense”; (ii) by striking out “when the Coast Guard” and inserting in lieu thereof “with respect to the Coast Guard when it”; and (iii) by inserting a comma after “Navy”; and

  17. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 1343(a)(19)(C) · 100 Stat. 3816

    Substituted · 10 U.S.C. § 2775(e)

    Pub. L. 99–661, § 1343(a)(19)(C), substituted “with respect to the Coast Guard when it” for “when the Coast Guard”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–661, § 1343(a)(19)(C), substituted “with respect to the Coast Guard when it” for “when the Coast Guard”.

    Enacted provision · exact public law section
    (C) in subsection (e), by striking out “when the Coast Guard” and inserting in lieu thereof “with respect to the Coast Guard when it”.

  18. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

    Substituted · 10 U.S.C. § 2775(a)(1); 10 U.S.C. § 2775(2)(B); 10 U.S.C. § 2775(a)(b); 10 U.S.C. § 2775(a)(e)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (2)(B), (b), (e). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

    Effective date note
    Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

28 of 28 references resolved to an enrolled provision

Editorial Notes

Amendments1982–2002 · 5 rounds

2002

Subsecs. (a)(1), (2)(B), (b), (e). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1986

Subsec. (a)(1). Pub. L. 99–661, § 1343(a)(19)(A), substituted “(as determined under regulations prescribed by the Secretary of Defense or the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy) the” for “it is determined, under regulations prescribed by the Secretary of Defense and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy, that the”.

Subsec. (b). Pub. L. 99–661, § 1343(a)(19)(B), inserted a comma after “Secretary of Defense”, substituted “with respect to the Coast Guard when it” for “when the Coast Guard”, and inserted a comma after “Navy”.

Subsec. (e). Pub. L. 99–661, § 1343(a)(19)(C), substituted “with respect to the Coast Guard when it” for “when the Coast Guard”.

1985

Pub. L. 99–167, § 802(d)(1), substituted “assigned to military housing” for “for damage to housing and related equipment and furnishings” in section catchline.

Subsec. (a). Pub. L. 99–167, § 802(a), (b)(1), designated existing provisions as par. (1), and in par. (1) as so designated, inserted “and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy”, and added par. (2).

Subsec. (b). Pub. L. 99–167, § 802(b)(1), (c)(1), inserted “and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy” and “(in the case of liability under subsection (a)(1))”.

Subsec. (c)(1). Pub. L. 99–167, § 802(c)(2), substituted “subsection (a)(1), or the cost of any cleaning made necessary by a failure to clean satisfactorily a family housing unit referred to in subsection (a)(2),” for “subsection (a)”.

Subsec. (d). Pub. L. 99–167, § 802(b)(2), (c)(3), inserted “or failure to clean satisfactorily a family housing unit” and “, or the operating expenses account of the Coast Guard, as appropriate”.

Subsec. (e). Pub. L. 99–167, § 802(c)(4), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary of Defense shall prescribe regulations to carry out the provisions of this section, including (1) regulations for determining the cost of repairs and replacements made necessary as the result of abuse or negligence referred to in subsection (a), and (2) regulations providing for limitations of liability, the compromise or waiver of claims, and the collection of amounts owed under this section.”

1984

Pub. L. 98–407 substituted “Liability of members for damage to housing and related equipment and furnishings” for “Liability of member for damages to family housing, equipment, and furnishings” in section catchline.

Subsec. (a). Pub. L. 98–407 amended subsec. (a) generally, inserting references to unaccompanied personnel housing units, and expanding liability of members of the Armed Forces to include damages caused by the abuse or negligence of a guest of the member or of a dependent of the member.

Subsec. (b). Pub. L. 98–407 added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 98–407 redesignated former subsec. (b) as (c), in subsec. (c)(1) as so redesignated substituted reference to any abuse or negligence for which the member is liable for reference to any abuse or negligence on the part of such member or any dependent of such member, inserted provision that regulations implementing this section may also provide for the collection of amounts owed under this section by any other authorized means, and in subsec. (c)(2), as so redesignated, substituted reference to regulations prescribed under this section for reference to regulations issued under this section. Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 98–407 redesignated former subsec. (c) as (d) and substituted provisions requiring that amounts received under this section be credited either to the family housing operations and maintenance account of the department or agency concerned, (in the case of damage to family housing or equipment or furnishings therein) or the operations and maintenance account of the department or agency concerned (in the case of damage to an unaccompanied personnel housing unit or equipment or furnishings therein) for provisions that amounts deducted from members’ pay under this section had to be credited to the Department of Defense Military Family Housing Management Account provided for in section 2831 of this title. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 98–407 redesignated former subsec. (d) as (e)(1), substituted reference to abuse or negligence referred to in subsec. (a) for reference to abuse or negligence on the part of a member or dependent of a member, and added par. (2).

1982

Subsec. (c). Pub. L. 97–214, § 10(a)(6), substituted “Military Family Housing Management Account provided for in section 2831 of this title” for “family housing management account established under section 501 of Public Law 87–554 (76 Stat. 236; 42 U.S.C. 1594a–1)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–214 effective , and applicable to military construction projects, and to construction and acquisition of military family housing authorized before, on, or after such date, see section 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title.

Effective Date

Section effective , see section 608 of title VI of Pub. L. 96–418, set out as an Effective Date of 1980 Amendment note under section 2675 of this title.

Promulgation of Regulations and Applicability of 1984 Amendments

Pub. L. 98–407, title VIII, § 801(b), , 98 Stat. 1518, provided that:

“(1)

Regulations shall be prescribed under subsection (e) of section 2775 of title 10, United States Code, as amended by subsection (a), not later than 180 days after the date of the enactment of this Act []. That section shall apply with respect to the liability of a member under such section for damage or loss to an unaccompanied personnel housing unit (or the equipment or furnishings of an unaccompanied personnel housing unit) or for damage or loss caused by a guest of the member or of a dependent of the member to a family housing unit (or the equipment or furnishings of a family housing unit) only in the case of damage or loss caused on or after the date that such regulations take effect.

“(2)

The authority of the Secretary of Defense under subsection (b) of such section is applicable to any claim of the United States under such section, whether such claim arose before, on, or after the date of the enactment of this Act [].”

Credits

1980–2002 · 6 acts
  1. 1980Added Pub. L. 96–418, title V, § 506(a), , 94 Stat. 1765
  2. 1982amended Pub. L. 97–214, § 10(a)(6), , 96 Stat. 175
  3. 1984Pub. L. 98–407, title VIII, § 801(a)(1), , 98 Stat. 1517
  4. 1985Pub. L. 99–167, title VIII, § 802(a)–(d)(1), , 99 Stat. 986
  5. 1986Pub. L. 99–661, div. A, title XIII, § 1343(a)(19), , 100 Stat. 3993
  6. 2002Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.
Show as published

(Added Pub. L. 96–418, title V, § 506(a), , 94 Stat. 1765; amended Pub. L. 97–214, § 10(a)(6), , 96 Stat. 175; Pub. L. 98–407, title VIII, § 801(a)(1), , 98 Stat. 1517; Pub. L. 99–167, title VIII, § 802(a)–(d)(1), , 99 Stat. 986; Pub. L. 99–661, div. A, title XIII, § 1343(a)(19), , 100 Stat. 3993; Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.)

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