§ 2832. Homeowners assistance program

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. 1982

   Military Construction Codification Act

   Pub. L. 97–214 § 2(a) · 96 Stat. 153

   Enacted · 10 U.S.C. § 2832

   Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 163

   Source evidence

   Code source credit
   Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 163

   Enacted provision · exact public law section
   (a) Title 10, United States Code, is amended by adding at the end of subtitle A the following new chapter: “CHAPTER 169— MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING “Subchapter “I. Military Construction “II. Military Family Housing “III. Administration of Military Construction and Military Family Housing “SUBCHAPTER I— MILITARY CONSTRUCTION “Sec. “2801. Scope of chapter; definitions. “2802. Military construction projects. “2803. Emergency construction. “2804. Contingency construction. “2805. Unspecified minor construction. “2806. Contributions for North Atlantic Treaty Organization Infrastructure. “2807. Architectural and engineering services and construction design. “2808. Construction authority in the event of a declaration of war or national emergency. “§ 2801. Scope of chapter; definitions “(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. “(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: “(1) ‘Facility’ means a building, structure, or other improvement to real property. “(2) ‘Military installation’ means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense. “(3) ‘Secretary concerned’ includes the Secretary of Defense with respect to matters concerning the defense agencies. “(4) ‘Appropriate committees of Congress’ means the Committees on Armed Services and on Appropriations of the Senate and House of Representatives. “(d) This chapter does not apply to the Coast Guard or to civil works projects of the Army Corps of Engineers. “§ 2802. Military construction projects “(a) The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects as are authorized by law. “(b) Authority provided by law to carry out a military construction project includes authority for— “(1) surveys and site preparation; “(2) acquisition, conversion, rehabilitation, and installation of facilities; “(3) acquisition and installation of equipment and appurtenances integral to the project; “(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project; and “(5) planning, supervision, administration, and overhead incident to the project. “§ 2803. Emergency construction “(a) Subject to subsections (b) and (c), the Secretary concerned may carry out a military construction project not otherwise authorized by law if the Secretary determines (1) that the project is vital to the national security, and (2) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security. “(b) When a decision is made to carry out a military construction Report to congressional committees. project under this section, the Secretary concerned shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, (2) the justification for carrying out the project under this section, and (3) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees, or after each such committee has approved the project, if the committees approve the project before the end of that period. “(c) (1) The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $30,000,000. “(2) A project carried out under this section shall be carried out within the total amount of funds appropriated for military construction that have not been obligated. “§ 2804. Contingency construction “(a) Within the amount appropriated for such purpose, the Secretary of Defense may carry out a military construction project not otherwise authorized by law, or may authorize the Secretary of a military department to carry out such a project, if the Secretary of Defense determines that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or national interest. “(b) When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the Report to congressional committees. project and the current estimate of the cost of the project, and (2) the justification for carrying out the project under this section. The project may then be carried out only after the end of the 21-day period beginning on the date the notification is received by such committees, or after each such committee has approved the project, if the committees approve the project before the end of that period. “§ 2805. Unspecified minor construction “(a) Within the amount authorized by law for such purpose, the Secretary concerned may carry out minor military construction projects not otherwise authorized by law. A minor military construction project is a military construction project (1) that is for a single undertaking at a military installation, and (2) that has an approved cost equal to or less than the amount specified by law as the maximum amount for a minor military construction project. “(b) (1) A minor military construction project costing more than 50 percent of the amount specified by law as the maximum amount for a minor military construction project may not be carried out under this section unless approved in advance by the Secretary concerned. “(2) When a decision is made to carry out a minor military Notification to congressional committees. construction project to which paragraph (1) is applicable, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only (A) after the end of the 21-day period beginning on the date the notification is received by the committees, or (B) after each such committee approves the project, if the committees approve the project before the end of that period. “(3) A project for the relocation of any activity from one installation to another that involves 25 or more full-time civilian employees of the Department of Defense but that is not subject to paragraph (1) may not be carried out under the authority of this section until the appropriate committees of Congress have been notified by the Secretary concerned of the intent to carry out such relocation under the authority of this section. “(c) Only funds authorized for minor construction projects may be used to accomplish unspecified minor construction projects, except that the Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified military construction project costing not more than 20 percent of the amount specified by law as the maximum amount for a minor military construction project. “(d) Military family housing projects for construction of new housing units may not be carried out under the authority of this section. “§ 2806. Contributions for North Atlantic Treaty Organization Infrastructure “(a) Within amounts authorized by law for such purpose, the Secretary of Defense may make contributions for the United States share of the cost of multilateral programs for the acquisition and construction of military facilities and installations (including international military headquarters) for the collective defense of the North Atlantic Treaty Area. “(b) Funds may not be obligated or expended in connection with the North Atlantic Treaty Organization Infrastructure program in any year unless such funds have been authorized by law for such program. “(c) (1) The Secretary may make contributions in excess of the amount appropriated for contribution under subsection (a) if the amount of the contribution in excess of that amount does not exceed 200 percent of the amount specified by law as the maximum amount for a minor military construction project. “(2) If the Secretary determines that the amount appropriated Report to congressional committees. for contribution under subsection (a) in any fiscal year must be exceeded by more than the amount authorized under paragraph (1), the Secretary may make contributions in excess of such amount, but not in excess of 125 percent of the amount appropriated (A) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of the funds to be used for the increase, and (B) after either a period of 21 days has elapsed from the date of receipt of the report or after each such committee has indicated approval of the increased contribution. “§ 2807. Architectural and engineering services and construction design “(a) Within amounts appropriated for such purposes, the Secretary concerned may obtain architectural and engineering services and may carry out construction design in connection with military construction projects not otherwise authorized by law. Amounts available for such purposes may be used for construction management of projects that are funded by foreign governments directly or through international organizations and for which elements of the armed forces of the United States are the primary user. “(b) In the case of architectural and engineering services and Notification to congressional committees. construction design to be undertaken under subsection (a) for which the estimated cost exceeds the maximum amount specified by law for the purposes of this section, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services not less than 21 days before the initial obligation of funds for such services. “(c) If the Secretary concerned determines that the amount Report to congressional committees. authorized for activities under subsection (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level (1) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of funds to be used for the increase, and (2) after either a period of 21 days has elapsed from the date of receipt of the report or after each such committee has indicated approval of the increased level of activity. “§ 2808. Construction authority in the event of a declaration of war or national emergency “(a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act (50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated. “(b) When a decision is made to undertake military construction Notification to congressional committees. projects authorized by this section, the Secretary of Defense shall notify the appropriate committees of Congress of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects. “(c) The authority described in subsection (a) shall terminate with Termination. respect to any war or national emergency at the end of the war or national emergency. “SUBCHAPTER II— MILITARY FAMILY HOUSING “Sec. “2821. Requirement for authorization of appropriations for construction and acquisition of military family housing. “2822. Requirement for authorization of number of family housing units. “2823. Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing. “2824. Authorization for acquisition of existing family housing in lieu of construction. “2825. Improvements to family housing units. “2826. Limitations on space by pay grade. “2827. Relocation of military family housing units. “2828. Leasing of military family housing. “2829. Multi-year contracts for supplies and services. “2830. Occupancy of substandard family housing units. “2831. Military family housing management account. “2832. Homeowners assistance program. “§ 2821. Requirement for authorization of appropriations for construction and acquisition of military family housing “(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 Additional authorization. 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 paragraph. “(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. “§ 2822. Requirement for authorization of number of family housing units “(a) Except as otherwise provided in subsection (b) or as otherwise authorized by law, the Secretary concerned may not construct or acquire military family housing units unless the number of units to be constructed or acquired has been specifically authorized by law. “(b) Subsection (a) does not apply to the following: “(1) Housing units acquired under section 404 of the Housing Amendments of 1955 (42 U.S.C. 1594a). “(2) Housing units leased under section 2828 of this title. Post, p. 161. “(3) Housing units acquired under the Homeowners Assistance Program referred to in section 2833 of this title. “§ 2823. Determination of availability of suitable alternative housing for acquisition in lieu of construction of new family housing “(a) Before entering into a contract for the construction of family housing units authorized by law to be constructed at a location within the United States, the Secretary concerned shall consult in writing with the Secretary of Housing and Urban Development as to the availability of suitable alternative housing at such location. The Secretary of Housing and Urban Development shall advise the Secretary concerned in writing as to the availability of such housing. If the Secretary of Housing and Urban Development does not advise the Secretary concerned as to the availability of such housing within 21 days of the date on which the request for such advice is made, the Secretary concerned may enter into a contract for the proposed construction. “(b) If the Secretary concerned and the Secretary of Housing and Notification to congressional committees. Urban Development disagree with respect to the availability of suitable alternative housing at any location, the Secretary concerned shall notify the appropriate committees of Congress, in writing, of the disagreement, of the Secretary’s decision to proceed with the construction, and of the justification for proceeding with the construction. A contract for construction of family housing units at such location may not then be entered into until the end of the 21-day period beginning on the date such committees receive the notification. “(c) If the Secretary concerned and the Secretary of Housing and Urban Development agree that suitable alternative housing is available at a location at which military family housing units are authorized to be constructed, the Secretary may not proceed with such construction. “(d) The Secretary of Defense shall prescribe regulations to define Regulations. what constitutes suitable alternative housing for the purposes of this section. “§ 2824. Authorization for acquisition of existing family housing in lieu of construction “(a) In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Secretary concerned may acquire less than sole interest in existing family housing units. “(b) When authority provided by law to construct military family Land interests. housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land. “(c) The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of this title. Infra. “(d) Family housing units may not be acquired under this section through the exercise of eminent domain authority. “§ 2825. Improvements to family housing units “(a) (1) Authority provided by law to improve existing military family housing units and ancillary family housing support facilities is authority to make alterations, additions, expansions, and extensions. “(2) In this section, ‘improvement’ includes rehabilitation of a “Improvement.” housing unit and maintenance or repair work to be accomplished concurrently with an improvement project. “(b) (1) Funds may not be expended for the improvement of any Limitations. single family housing unit, or for the improvement of two or more housing units that are to be converted into or are to be used as a single family housing unit, if the cost per unit of such improvement will exceed an amount specified by law for such purpose multiplied by the area construction cost index as developed by the Department of Defense for the location concerned at the time of contract award. “(2) In determining the applicability of the limitation contained in paragraph (1), there shall be included as part of the cost of the improvement the cost of repairs undertaken in connection with the improvement and any cost in connection with (A) the furnishing of electricity, gas, water and sewage disposal, (B) the construction or repair of roads and walks, and (C) grading and drainage work. “(c) This section does not apply to projects authorized for restoration or replacement of housing units that have been damaged or destroyed. “§ 2826. Limitations on space by pay grade “(a) In the construction, acquisition, and improvement of military family housing units, the following are the space limitations for the applicable numbers of bedrooms permitted for each pay grade: Pay grade Number of bedrooms Net floor area (square feet) 0–7 and above 4 2,100 0–6 4 1,700 0–4 and 0–5 4 1,550 3 1,400 0–1 through 0–3; W–1 through W–4; and E–7 through E–9 5 1,550 Pay grade Number of bedrooms Net floor area (square feet) E–1 through E–6. 4 1,450 3 1,350 2 950 5 1,550 4 1,350 3 1,200 2 950 “(b) The applicable maximum net floor area prescribed by subsection (a) may be increased by 10 percent for the housing unit of an officer holding a special command position (as designated by the Secretary of Defense), for the housing unit of the commanding officer of a military installation, and for the senior noncommissioned officer of a military installation. “(c) The maximum net floor area prescribed by subsection (a) may be increased in any case by 5 percent if the Secretary concerned determines that the increase is in the best interest of the Government (1) to permit award of a turnkey construction contract to the contractor offering the most satisfactory proposal, or (2) to permit purchase, lease, or conversion of housing units. An increase in the maximum net floor area of a housing unit under subsection (b) when combined with an increase in the maximum net floor area of such unit under this subsection may not exceed 10 percent of the otherwise applicable limitation prescribed by subsection (a). “(d) (1) The Secretary concerned may waive the provisions of subsection Waiver. (a) with respect to a family housing unit leased in a foreign country if a suitable family housing unit within the applicable maximum net floor area prescribed by such subsection cannot be obtained. “(2) Subsection (a) does not apply to family housing units in foreign countries constructed or acquired by the Secretary of State for occupancy by members of the armed forces. “(e) The maximum net floor areas prescribed by this section apply Civilian personnel. to family housing provided to civilian personnel based upon civilian pay scale comparability with military pay grades, as determined by the Secretary of Defense. “(f) In this section, ‘net floor area’ means the total number of “Net floor area.” square feet of the floor space inside the exterior walls of a structure, excluding the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a stairwell, and any space used for a solar-energy system. “§ 2827. Relocation of military family housing units “(a) Subject to subsection (b), the Secretary concerned may relocate existing military family housing units from any location where the number of such units exceeds requirements for military family housing to any military installation where there is a housing shortage. “(b) A contract to carry out a relocation of military family housing Notification to congressionalcommittees. units under subsection (a) may not be awarded until (1) the Secretary concerned has notified the appropriate committees of Congress of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation, and (2) a period of 21 days has elapsed after the notification has been received by those committees. “§ 2828. Leasing of military family housing “(a) (1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installation in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the Armed Forces and for assignment, with fair market rental charge, as family housing to civilian employees of the Department of Defense stationed at such installation. “(2) A lease may only be made under paragraph (1) if the Secretary Conditions. concerned finds that there is a shortage of adequate housing at or near such military installation and that— “(A) the requirement for such housing is temporary; “(B) leasing would be more cost effective than construction or acquisition of new housing; “(C) family housing is required for personnel attending service school academic courses on permanent change of station orders; “(D) construction of family housing at such installation has been authorized by law but is not yet completed; or “(E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family housing at such installation. “(b) (1) Not more than 10,000 family housing units may be leased at any one time under subsection (a). “(2) Except as provided in paragraph (3), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed the amount specified by law as the maximum annual domestic family housing unit lease amount. “(3) Not more than 500 housing units may be leased under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum annual domestic family housing unit lease amount but does not exceed 120 percent of that amount. “(c) The Secretary concerned may lease housing facilities in foreign Foreign housing facilities; conditions. countries for assignment, without rental charge, as family housing to members of the Armed Forces and for assignment, with or without rental charge, as family housing to civilian employees of the Department of Defense— “(1) under circumstances specified in clause (A), (B), (D), or (E) of subsection (a)(2); “(2) for incumbents of special command positions (as determined by the Secretary of Defense); “(3) in countries where excessive costs of housing or other lease terms would cause undue hardship on Department of Defense personnel; and “(4) in countries that prohibit leases by individual military or civilian personnel of the United States. “(d) Leases of housing units in foreign countries under subsection Leasing period, limitation. (c) for assignment as family housing may be for any period not in excess of ten years, and the costs of such leases for any year may be paid out of annual appropriations for that year. “(e) (1) Expenditures for the rental of family housing in foreign Maximum letise amount. countries (including the costs of utilities, maintenance, and oper-ation) may not exceed the amount specified by law as the maximum annual foreign family housing unit lease amount. That maximum Waiver. lease amount may be waived by Secretary concerned with respect to not more than a total of 200 such units that are leased for incumbents of special positions or for personnel assigned to Defense Attache Offices or that are leased in countries where excessive costs of housing would cause undue hardship on Department of Defense personnel. “(2) The maximum number of family housing units that may be leased in foreign countries under this section at any one time shall be specified by law. “(f) A lease for family housing facilities, or for real property Notification to congressional committees. related to family housing facilities, in a foreign country for which the average estimated annual rental during the term of the lease exceeds the amount specified by law for such purpose may not be made under this section until (1) the Secretary concerned provides to the appropriate committees of Congress written notification of the facts concerning the proposed lease, and (2) a period of 21 days elapses after the notification is received by those committees. “§ 2829. Multi-year contracts for supplies and services “The Secretary concerned may make contracts for periods of up to four years for supplies and services for the management, maintenance, and operation of military family housing and may pay the costs of such contracts for each year out of annual appropriations for that year. “§ 2830. Occupancy of substandard family housing units “(a) (1) A member of the uniformed services with dependents may, without loss of the member’s basic allowance for quarters, occupy a substandard family housing unit under the jurisdiction of the Secretary of a military department. “(2) Occupancy of a family housing unit under paragraph (1) shall be subject to a charge against the member’s basic allowance for quarters in the amount of the fair rental value of the housing unit. However, such a charge may not be made in an amount in excess of 75 percent of the amount of such allowance. “(b) Subject to regulations prescribed by the Secretary of Defense, the Secretary of a military department may lease substandard family housing units to members of any of the uniformed services for occupancy by such members. “(c) In this section, ‘uniformed services’ means the armed forces “Uniformed services.” and the commissioned corps of the Public Health Service and of the National Oceanic and Atmospheric Administration. “§ 2831. Military family housing management account “(a) There is on the books of the Treasury an account known as the Department of Defense Military Family Housing Management Account (hereinafter in this section referred to as the ‘account’). The account shall be used for the management and administration of funds appropriated or otherwise made available to the Department of Defense for military family housing programs. “(b) The account shall be administered as a single account. There Transfer of funds. 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 construction, acquisition, leasing, relocation, operation and maintenance, and disposal of military family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c) of the National Housing Act (12 U.S.C. 1715m(c)); “(2) proceeds from the rental of family housing and mobile home facilities under the control of a military department, reimbursements from the occupants of such facilities for services 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 individuals, and reimbursements from other Government 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 expenses payable pursuant to section 204(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(b)). “(c) Amounts in the account shall remain available until spent. “(d) 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 authorized by law, the costs referred to in subsection (b). “§ 2832. Homeowners assistance program “The Secretary of Defense may exercise the authority provided in section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374). “SUBCHAPTER III— ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING “Sec. “2851. Supervision of military construction projects. “2852. Military construction projects: waiver of certain restrictions. “2853. Authorized cost variations. “2854. Restoration or replacement of damaged or destroyed facilities. “2855. Law applicable to contracts for architectural and engineering services and construction design. “2856. Limitations on barracks space by pay grade. “2857. Use of solar energy systems. “2858. Limitation on the use of funds for expediting a construction project. “2859. Transmission of annual military construction authorization request. “2860. Availability of appropriations for five years. “2861. Annual report to Congress. “§ 2851. Supervision of military construction projects “(a) Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of the Secretary of the Army (acting through the Chief of Engineers), the Secretary of the Navy (acting through the Commander of the Naval Facilities Engineering Command), or such other department or Government agency as the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective completion of the project. “(b) A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense. “§ 2852. Military construction projects: waiver of certain restrictions “(a) The Secretary of Defense and the Secretaries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to section 3648 of the Revised Statutes (31 U.S.C. 529). “(b) Authority to carry out a military construction project or a military family housing project on land not owned by the United States may be exercised (1) before title to the land on which the project is to be carried out is approved under section 355 of the Revised Statutes (40 U.S.C. 255), and (2) even though the land is held temporarily. “§ 2853. Authorized cost variations “(a) (1) Except as provided in paragraph (2), the cost authorized for a military construction project (other than a project for which the approved amount is less than the amount specified by law as the maximum amount for a minor military construction project) may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (A) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (B) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. “(2) A military construction project (other than a project for which the approved amount is less than the amount specified by law as the maximum amount for a minor military construction project) may not be placed under contract if, based upon bids received— “(A) the scope of work for the project, as approved by Congress, is proposed to be reduced by more than 25 percent; or “(B) the current working estimate of the cost of the project exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, until subsection (d) is complied with. “(b) If the amount approved for a project is less than the amount specified by law as the maximum amount for a minor military construction project, that approved amount may be increased to more than such maximum amount if the Secretary concerned determines (1) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (2) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved. However, if, based upon bids received, the current working estimate of the cost of such a project is more than such maximum amount and is more than 125 percent of the original approved amount for the project, the project may not be placed under contract until subsection (d) is complied with. “(c) The amount authorized by law for the cost of authorized construction and acquisition of a military family housing project may be increased above the amount appropriated for such project if the Secretary determines (1) that the increase is required for the sole purpose of meeting unforeseen variations in cost, and (2) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress. However, such amount may not be increased by more than 25 percent until subsection (d) is complied with. “(d) The limitation on reduction in scope of work in subsection (a), and the limitations on cost increases in subsections (a), (b), and (c), do not apply if— “(1) the reduction in scope of work or the increase in cost, as the case may be, is approved by the Secretary concerned; “(2) a written notification of the facts relating to the proposed reduced scope of work or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the appropriate committees of Congress; and “(3) either 21 days have elapsed from the date of the submission of the notification under clause (2) or each of the appropriate committees of Congress has indicated approval of the proposed reduced scope of work or increased cost. “(e) After a contract for a project has been entered into, the Secretary concerned may carry out such project in an amount above the amount appropriated for such project by Congress in order to meet the costs of change orders or contractor claims. In the case of a Reports to congressional committees. contract to be carried out above the amount appropriated for which there has not been a cost variation under subsection (a), (b), (c), or (d), the Secretary concerned shall promptly report to the appropriate committees of Congress on the revised cost for the project and the reasons for the revised cost if the total cost under the contract exceeds the amount appropriated for the project by more than 25 percent. In the case of a contract to be carried out above the amount appropriated for which there has been a cost variation under subsection (a), (b), (c), or (d), the Secretary concerned shall promptly report to the appropriate committees of Congress on the revised cost for the project and the reasons for the revised cost, regardless of the amount by which the revised cost exceeds the amount approved for the project by the modification under subsection (a), (b), (c), or (d). “§ 2854. Restoration or replacement of damaged or destroyed facilities “(a) Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facility under his jurisdiction, including a family housing facility, that has been damaged or destroyed. “(b) When a decision is made to carry out construction under this Notification of congressional committees. section and the cost of the repair, restoration, or replacement is greater than the maximum amount for a minor construction project, the Secretary concerned shall notify in writing the appropriate committees of Congress of that decision, of the justification for the project, of the current estimate of the cost of the project, of the source of funds for the project, and of the justification for carrying out the project under this section. The project may then be carried out only (1) after the end of the 21-day period beginning on the date the notification is received by such committees, or (2) after each such committee has approved the project, if the committees approve the project before the end of that period. “§ 2855. Law applicable to contracts for architectural and engineering services and construction design “Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). “§ 2856. Limitations on barracks space by pay grade “(a) The Secretary of Defense shall prescribe regulations establishing Regulations. the maximum allowable net square feet per occupant for new permanent barracks construction. Such regulations shall be uniform for the armed forces under the jurisdiction of the Secretary of a military department. “(b) Before taking effect, any regulations under this section, and Submittal to congressional committees. any modifications to such regulations, shall be submitted to the appropriate committees of Congress. Such regulations (including any modifications to such regulations) may not then take effect until 21 days after being received by such committees. “§ 2857. Use of solar energy systems “(a) The Secretary of Defense shall encourage the use of solar energy systems as a source of energy for military construction projects (including military family housing projects) where use of solar energy would be practical and economically feasible. “(b) (1) The Secretary concerned shall require that the design of all new facilities (including family housing) shall include consideration of solar energy systems in those cases in which use of solar energy has the potential for significant savings of fossil-fuel-derived energy. “(2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that solar energy systems be installed if such systems can be shown to be cost effective. “(c) (1) For the purposes of this section, a solar energy system for a facility shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system for the facility with a solar energy system, and (B) the original investment cost of the energy system for the facility without a solar energy system can be recovered over the expected life of the facility. “(2) A determination under paragraph (1) of whether a cost-differential can be recovered over the expected life of a facility shall be made using accepted life-cycle costing procedures and shall include— “(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system with and without a solar energy system over the expected life of the facility or during a period of 25 years, whichever is shorter; “(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and “(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. “(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the solar energy system shall be reduced by 10 percent to reflect an allowance for an investment cost credit. “(d) In order to equip a military construction project (including a military family housing project) with solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, or with a passive solar energy system, the Secretary concerned may authorize an increase in any otherwise applicable limitation with respect to the number of square feet or the cost per square foot of the project by such amount as may be necessary for such purpose. Any such increase under this subsection shall be in addition to any other administrative increase in cost per square foot or variation in floor area authorized by law. “§ 2858. Limitation on the use of funds for expediting a construction project “Funds appropriated for military construction (including military family housing) may not be expended for additional costs involved in expediting a construction project unless the Secretary concerned (1) certifies that expenditures for such costs are necessary to protect the national interest, and (2) establishes a reasonable completion date for the project. In establishing such a completion date, the Secretary shall take into consideration the urgency of the requirement for completion of the project, the type and location of the project, the climatic and seasonal conditions affecting the construction involved, and the application of economical construction practices. “§ 2859. Transmission of annual military construction authorization request “The Secretary of Defense shall transmit to Congress the annual request for military construction authorization for a fiscal year during the first 10 days after the President transmits to Congress the Budget for that fiscal year pursuant to section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11). “§ 2860. Availability of appropriations for five years “(a) Subject to the provisions of appropriation Acts and except as otherwise provided under subsection (b), any funds appropriated to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were appropriated if the funds obligated for such project (1) are obligated from funds available for military construction projects, and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. “(b) Should a requirement develop to obligate funds for a military Notification of congressional committees. construction project after the end of the fourth fiscal year after the fiscal year for which such funds were appropriated, such obligation may be made after the end of the 21-day period beginning on the date on which the appropriate committees of Congress receive notification of the need for such obligation and the reasons therefor. “§ 2861. Annual report to Congress “(a) The Secretary of Defense shall submit a report to the appropriate committees of Congress each year with respect to military construction activities and military family housing activities. Each such report shall be submitted at the same time that the annual request for military construction authorization is submitted for that year. Except where otherwise provided in this section, information required by this section to be provided in the report shall be provided for the two most recent fiscal years and for the fiscal year for which the budget request is made. “(b) Each report under subsection (a) shall include the following: “(1) A statement of the construction status and a fiscal summary of the military construction projects undertaken under, and the amounts authorized and appropriated for, contingency construction under section 2804 of this title. Ante, p. 155 “(2) Information to enable the committees to evaluate the relationships between budget requests for appropriations for unspecified minor construction projects under section 2805 of this title and obligations of appropriated funds for projects under such section. Such information shall include comparisons of budget requests and obligations using military construction appropriations and using operations and maintenance appropriations, maintenance and repair backlog, and obligations for maintenance and repair. “(3) Information to enable the committees to monitor trends in construction started using funds contributed by the United States under section 2806 of this title to the North Atlantic Ante, p. 156 Treaty Organization Infrastructure program and the status of recoupments under that program. “(4) Information to enable the committees to evaluate trends in contracting for architect and engineering services and construction design, and trends in accomplishing design of construction projects by Government employees, under the authority of section 2807 of this title. Ante, p. 156 “(5) Information to enable the committees to evaluate trends in supervision, inspection, and overhead costs for the dollar amount of military construction accomplished during a fiscal year by a military construction department or agency under the authority of section 2851 of this title. Ante, p. 163. “(6) A summary of military construction projects (other than a military construction project for an amount less than the amount specified by law as the maximum amount for a minor military construction project) placed under contract during the preceding fiscal year with respect to which a cost variation or scope reduction report was supplied to the appropriate committees of Congress under section 2853 of this title. There shall also Ante, p. 164 be included an analysis to indicate whether the cost variation was the result of a lack of competition, quality of plans and specifications, or quality of budget estimates, or of other factors. “(7) Information to enable the committees to evaluate the use of the authority provided under section 2858 to expedite a Ante, p. 167 military construction project when such expediting is required to protect the national interest. “(8) Information in sufficient detail to enable the committees to monitor trends in design, construction, performance goals, and progress. “(9) With respect to each contract awarded during the preceding fiscal year on other than a competitive basis to the lowest responsible bidder, the name of the contractor, the original amount of the contract, and the reason for the award of the contract on other than a competitive basis.”.

2. 1989

   Military Construction Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. B title XXVIII § 2831(a) · 103 Stat. 1352

   1. Amended · 10 U.S.C. § 2832

      Pub. L. 101–189 designated existing provisions as subsec. (a)

   2. Added · 10 U.S.C. § 2832

      Pub. L. 101–189 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 101–189 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (a) In General.— Section 2832 of title 10, United States Code, is amended— (1) by inserting “(a)” before “The Secretary”; and (2) by adding at the end the following new subsection: “(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 subsection (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 Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives receive from the Secretary written notice of, and justification for, the transfer.”,

   Effective date note
   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.”

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1502(a)(26) · 110 Stat. 186

   Substituted · 10 U.S.C. § 2832(b)(2)

   Pub. L. 104–106 substituted “appropriate committees of Congress” for “Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–106 substituted “appropriate committees of Congress” for “Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives”.

   Enacted provision · exact public law section
   (26) Sections 2825(b)(1) and 2832(b)(2) are amended by striking out “Committees on Armed Services and the Committees on Appropriations of the Senate and of the House of Representatives” and inserting in lieu thereof “appropriate committees of Congress”.

4. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title X § 1048(e)(11) · 115 Stat. 1012

   1. Struck · 10 U.S.C. § 2832

      Pub. L. 107–107 struck out “(a)” before “The Secretary of Defense”

   2. Struck · 10 U.S.C. § 2832

      Pub. L. 107–107 struck out subsec. (b) which read as follows:

   Source evidence

   Code amendment note
   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 subsection (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 committees of Congress receive from the Secretary written notice of, and justification for, the transfer.”

   Enacted provision · exact public law section
   (11) Section 2832 is amended— (A) by striking “(a)” before “The Secretary of Defense”; and (B) by striking subsection (b).

6 of 6 references resolved to an enrolled provision