§ 2881a. Temporary authority for acquisition or construction of privatized military unaccompanied housing

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. 2002

   Pub. L. 107–314 div. B title XXVIII § 2803(a)(1) · 116 Stat. 2458

   Enacted · 10 U.S.C. § 2881a

   Added Pub. L. 107–314, div. B, title XXVIII, § 2803(a)(1), Dec. 2, 2002, 116 Stat. 2703

   Source evidence

   Code source credit
   Added Pub. L. 107–314, div. B, title XXVIII, § 2803(a)(1), Dec. 2, 2002, 116 Stat. 2703

   Enacted provision · exact public law section
   (1) Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2881 the following new section: “§ 2881a. Pilot projects for acquisition or construction of military unaccompanied housing “(a) Pilot Projects Authorized.— The Secretary of the Navy may carry out not more than three pilot projects under the authority of this section or another provision of this subchapter to use the private sector for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States. “(b) Treatment of Housing; Assignment of Members.— The Secretary of the Navy may assign members of the armed forces without dependents to housing units acquired or constructed under the pilot projects, and such housing units shall be considered as quarters of the United States or a housing facility under the jurisdiction of the Secretary for purposes of section 403 of title 37. “(c) Basic Allowance for Housing.— (1) The Secretary of Defense may prescribe and, under section 403(n) of title 37, pay for members of the armed forces without dependents in privatized housing acquired or constructed under the pilot projects higher rates of partial basic allowance for housing than the rates authorized under paragraph (2) of such section. “(2) The partial basic allowance for housing paid for a member at a higher rate under this subsection may be paid directly to the private sector source of the housing to whom the member is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge. “(d) Funding.— (1) The Secretary of the Navy shall use the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under the pilot projects. “(2) Subject to 90 days prior notification to the appropriate committees of Congress, such additional amounts as the Secretary of Defense considers necessary may be transferred to the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in military construction accounts. The amounts so transferred shall be merged with and be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund. “(e) Reports.— (1) The Secretary of the Navy shall transmit to the appropriate committees of Congress a report describing— “(A) each contract for the acquisition of military unaccompanied housing that the Secretary proposes to solicit under the pilot projects; “(B) each conveyance or lease proposed under section 2878 of this title in furtherance of the pilot projects; and “(C) the proposed partial basic allowance for housing rates for each contract as they vary by grade of the member and how they compare to basic allowance for housing rates for other contracts written under the authority of the pilot programs. “(2) The report shall describe the proposed contract, conveyance, or lease and the intended method of participation of the United States in the contract, conveyance, or lease and provide a justification Deadline. of such method of participation. The report shall be submitted not later than 90 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease. “(f) Expiration.— Notwithstanding section 2885 of this title, the authority of the Secretary of the Navy to enter into a contract under the pilot programs shall expire September 30, 2007.”.

2. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title X § 1056(c)(10) · 119 Stat. 3136

   Substituted · 10 U.S.C. § 2881a(f)

   Pub. L. 109–163 substituted “The” for “Notwithstanding section 2885 of this title, the”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–163 substituted “The” for “Notwithstanding section 2885 of this title, the”.

   Enacted provision · exact public law section
   (10) Section 2881a(f) is amended by striking “Notwithstanding section 2885 of this title, the” and inserting “The”.

3. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2812(a) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2881a(d)(2); 10 U.S.C. § 2881a(e)(2)

   Pub. L. 109–364, § 2812(a), substituted “30 days” for “90 days”

   Source evidence

   Code amendment note
   Subsecs. (d)(2), (e)(2). Pub. L. 109–364, § 2812(a), substituted “30 days” for “90 days”.

   Enacted provision · exact public law section
   (a) Reduction of Applicable Notification Periods.— Section 2881a of title 10, United States Code, is amended by striking “90 days” both places it appears and inserting “30 days”.

4. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2812(b) · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2881a(f)

   Pub. L. 109–364, § 2812(b), substituted “2009” for “2007”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 109–364, § 2812(b), substituted “2009” for “2007”.

   Enacted provision · exact public law section
   (b) Extension of Authority.— Subsection (f) of such section is amended by striking “2007” and inserting “2009”.

5. 2011

   Military Construction Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. B title XXVIII § 2803(f) · 124 Stat. 4137

   Inserted · 10 U.S.C. § 2881a(e)(2)

   Pub. L. 111–383 inserted before period at end “or, if earlier, a period of 20 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 111–383 inserted before period at end “or, if earlier, a period of 20 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.

   Enacted provision · exact public law section
   (f) Acquisition or Construction of Military Unaccompanied Housing.— Section 2881a(e)(2) of such title is amended by inserting before the period at the end the following: “or, if earlier, a period of 20 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.

6. 2017

   Military Construction Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 2801(d)(1) · 131 Stat. 1283

   Inserted · 10 U.S.C. § 2881a(d)(2)

   Pub. L. 115–91, § 2801(d)(1), inserted “in an electronic medium pursuant to section 480 of this title” after “Congress”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 115–91, § 2801(d)(1), inserted “in an electronic medium pursuant to section 480 of this title” after “Congress”.

   Enacted provision · exact public law section
   (1) Section 2881a(d)(2) is amended by inserting after “Congress” the following: “in an electronic medium pursuant to section 480 of this title”.

7. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 § 1051(a)(25) · 131 Stat. 1283

   Struck · 10 U.S.C. § 2881a(e)

   Pub. L. 115–91, § 1051(a)(25), struck out subsec. (e) which required reports describing certain proposed contracts, conveyances, or leases

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–91, § 1051(a)(25), struck out subsec. (e) which required reports describing certain proposed contracts, conveyances, or leases.

   Enacted provision · exact public law section
   (25) Acquisition or construction of military unaccompanied housing pilot projects report.— Section 2881a is amended by striking subsection (e).

8. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title VI § 613(b) · 136 Stat. 2395

   Substituted · 10 U.S.C. § 2881a(c)(1)

   Pub. L. 117–263 substituted “section 403(o)” for “section 403(n)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 117–263 substituted “section 403(o)” for “section 403(n)”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 2881a(c) of title 10, United States Code, is amended by striking “section 403(n)” and inserting “section 403(o)”.

9. 2025

   Pub. L. 119–21 § 20001(c)(1) · 139 Stat. 113

   Substituted · 10 U.S.C. § 2881a

   Pub. L. 119–21, § 20001(c)(1), substituted “Temporary authority for acquisition or construction of privatized military unaccompanied housing” for “Pilot projects for acquisition or construction of military unaccompanied housing” in section catchline

   Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Pub. L. 119–21, § 20001(c)(1), substituted “Temporary authority for acquisition or construction of privatized military unaccompanied housing” for “Pilot projects for acquisition or construction of military unaccompanied housing” in section catchline.

10. 2025

    Pub. L. 119–21 § 20001(c)(2) · 139 Stat. 113

    1. Substituted · 10 U.S.C. § 2881a(a)

       Pub. L. 119–21, § 20001(c)(2), (4), substituted “In General” for “Pilot Projects Authorized”

    2. Substituted · 10 U.S.C. § 2881a(a)

       Pub. L. 119–21, § 20001(c)(2), (4), substituted “Secretary concerned” for “Secretary of the Navy”

    3. Substituted · 10 U.S.C. § 2881a(a)

       Pub. L. 119–21, § 20001(c)(2), (4), substituted “use the authority under this subchapter to enter into contracts with appropriate private sector entities” for “carry out not more than three pilot projects under the authority of this section or another provision of this subchapter to use the private sector”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 119–21, § 20001(c)(2), (4), substituted “In General” for “Pilot Projects Authorized” in heading, “Secretary concerned” for “Secretary of the Navy”, and “use the authority under this subchapter to enter into contracts with appropriate private sector entities” for “carry out not more than three pilot projects under the authority of this section or another provision of this subchapter to use the private sector”.

11. 2025

    Pub. L. 119–21 § 20001(c)(2) · 139 Stat. 113

    1. Substituted · 10 U.S.C. § 2881a(b)

       Pub. L. 119–21, § 20001(c)(2), (3), substituted “Secretary concerned” for “Secretary of the Navy”

    2. Substituted · 10 U.S.C. § 2881a(b)

       Pub. L. 119–21, § 20001(c)(2), (3), substituted “pursuant to this section” for “under the pilot projects”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 119–21, § 20001(c)(2), (3), substituted “Secretary concerned” for “Secretary of the Navy” and “pursuant to this section” for “under the pilot projects”.

12. 2025

    Pub. L. 119–21 § 20001(c)(3) · 139 Stat. 113

    1. Substituted · 10 U.S.C. § 2881a(c)(1)

       Pub. L. 119–21, § 20001(c)(3), (5), substituted “privatized housing units” for “privatized housing”

    2. Substituted · 10 U.S.C. § 2881a(c)(1)

       Pub. L. 119–21, § 20001(c)(3), (5), substituted “pursuant to this section” for “under the pilot projects”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 119–21, § 20001(c)(3), (5), substituted “privatized housing units” for “privatized housing” and “pursuant to this section” for “under the pilot projects”.

13. 2025

    Pub. L. 119–21 § 20001(c)(2) · 139 Stat. 113

    1. Substituted · 10 U.S.C. § 2881a(d)(1)

       Pub. L. 119–21, § 20001(c)(2), (3), substituted “Secretary concerned” for “Secretary of the Navy”

    2. Substituted · 10 U.S.C. § 2881a(d)(1)

       Pub. L. 119–21, § 20001(c)(2), (3), substituted “pursuant to this section” for “under the pilot projects”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 119–21, § 20001(c)(2), (3), substituted “Secretary concerned” for “Secretary of the Navy” and “pursuant to this section” for “under the pilot projects”.

14. 2025

    Pub. L. 119–21 § 20001(c)(7) · 139 Stat. 113

    1. Substituted · 10 U.S.C. § 2881a(e)

       Pub. L. 119–21, § 20001(c)(7), substituted “under this section” for “under the pilot programs”

    2. Substituted · 10 U.S.C. § 2881a(e)

       Pub. L. 119–21, § 20001(c)(7), substituted “September 30, 2029” for “September 30, 2009”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 119–21, § 20001(c)(7), substituted “under this section” for “under the pilot programs” and “September 30, 2029” for “September 30, 2009”.

15. 2025

    Pub. L. 119–21 § 20001(c)(6) · 139 Stat. 113

    Redesignated · 10 U.S.C. § 2881a(e)

    Pub. L. 119–21, § 20001(c)(6), redesignated subsec. (f) as (e). Former subsec. (e) had been struck out by Pub. L. 115–91. See 2017 Amendment note below

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 119–21, § 20001(c)(6), redesignated subsec. (f) as (e). Former subsec. (e) had been struck out by Pub. L. 115–91. See 2017 Amendment note below.

16. 2025

    Pub. L. 119–21 § 20001(c)(6) · 139 Stat. 113

    Redesignated · 10 U.S.C. § 2881a(f)

    Pub. L. 119–21, § 20001(c)(6), redesignated subsec. (f) as (e)

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 119–21, § 20001(c)(6), redesignated subsec. (f) as (e).

17. 2025

    Pub. L. 119–21 § 20001(c)(2) · 139 Stat. 113

    Substituted · 10 U.S.C. § 2881a(f)

    Pub. L. 119–21, § 20001(c)(2), substituted “Secretary of the Navy” for “Secretary concerned”

    Unresolved: Pub. L. 119–21 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 119–21, § 20001(c)(2), substituted “Secretary of the Navy” for “Secretary concerned”.

8 of 23 references resolved to an enrolled provision · 15 unresolved