§ 2884. Reports

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. 1996

   Military Construction Authorization Act for Fiscal Year 1996”

   Pub. L. 104–106 div. B title XXVIII § 2801(a)(1) · 110 Stat. 186

   Enacted · 10 U.S.C. § 2884

   Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 550

   Source evidence

   Code source credit
   Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 550

   Enacted provision · exact public law section
   (1) Chapter 169 of title 10, United States Code, is amended by adding at the end the following new subchapter: “SUBCHAPTER IV— ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING “Sec. “2871.  Definitions. “2872.  General authority. “2873.  Direct loans and loan guarantees. “2874.  Leasing of housing to be constructed. “2875.  Investments in nongovernmental entities. “2876.  Rental guarantees. “2877.  Differential lease payments. “2878.  Conveyance or lease of existing property and facilities. “2879.  Interim leases. “2880.  Unit size and type. “2881.  Ancillary supporting facilities. “2882.  Assignment of members of the armed forces to housing units. “2883.  Department of Defense Housing Funds. “2884.  Reports. “2885.  Expiration of authority. “§ 2871. Definitions “In this subchapter: “(1) The term ‘ancillary supporting facilities’ means facilities related to military housing units, including child care centers, day care centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing. “(2) The term ‘base closure law’ means the following: “(A) Section 2687 of this title. “(B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). “(C) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). “(3) The term ‘construction’ means the construction of military housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities. “(4) The term ‘contract’ includes any contract, lease, or other agreement entered into under the authority of this subchapter. “(5) The term ‘Fund’ means the Department of Defense Family Housing Improvement Fund or the Department of Defense Military Unaccompanied Housing Improvement Fund established under section 2883(a) of this title. “(6) The term ‘military unaccompanied housing’ means military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents. “(7) The term “United States’ includes the Commonwealth of Puerto Rico. “§ 2872. General authority “In addition to any other authority provided under this chapter for the acquisition or construction of military family housing or military unaccompanied housing, the Secretary concerned may exercise any authority or any combination of authorities provided under this subchapter in order to provide for the acquisition or construction by private persons of the following: “(1) Family housing units on or near military installations within the United States and its territories and possessions. “(2) Military unaccompanied housing units on or near such military installations. “§ 2873. Direct loans and loan guarantees “(a) Direct Loans.— (1) Subject to subsection (c), the Secretary concerned may make direct loans to persons in the private sector in order to provide funds to such persons for the acquisition or construction of housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing. “(2) The Secretary concerned shall establish such terms and conditions with respect to loans made under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the period and frequency for repayment of such loans and the obligations of the obligors on such loans upon default. “(b) Loan Guarantees.— (1) Subject to subsection (c), the Secretary concerned may guarantee a loan made to any person in the private sector if the proceeds of the loan are to be used by the person to acquire, or construct housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing. “(2) The amount of a guarantee on a loan that may be provided under paragraph (1) may not exceed the amount equal to the lesser of— “(A) the amount equal to 80 percent of the value of the project; or “(B) the amount of the outstanding principal of the loan. “(3) The Secretary concerned shall establish such terms and conditions with respect to guarantees of loans under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the rights and obligations of obligors of such loans and the rights and obligations of the United States with respect to such guarantees. “(c) Limitation on Direct Loan and Guarantee Authority.— Direct loans and loan guarantees may be made under this section only to the extent that appropriations of budget authority to cover their cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) are made in advance, or authority is otherwise provided in appropriation Acts. If such appropriation or other authority is provided, there may be established a financing account (as defined in section 502(7) of such Act (2 U.S.C. 661a(7))), which shall be available for the disbursement of direct loans or payment of claims for payment on loan guarantees under this section and for all other cash flows to and from the Government as a result of direct loans and guarantees made under this section. “§ 2874. Leasing of housing to be constructed “(a) Build and Lease Authorized.— The Secretary concerned may enter into contracts for the lease of military family housing units or military unaccompanied housing units to be constructed under this subchapter. “(b) Lease Terms.— A contract under this section may be for any period that the Secretary concerned determines appropriate and may provide for the owner of the leased property to operate and maintain the property. “§ 2875. Investments in nongovernmental entities “(a) Investments Authorized.— The Secretary concerned may make investments in nongovernmental entities carrying out projects for the acquisition or construction of housing units suitable for use as military family housing or as military unaccompanied housing. “(b) Forms of Investment.— An investment under this section may take the form of an acquisition of a limited partnership interest by the United States, a purchase of stock or other equity instruments by the United States, a purchase of bonds or other debt instruments by the United States, or any combination of such forms of investment. “(c) Limitation on Value of Investment.— (1) The cash amount of an investment under this section in a nongovernmental entity may not exceed an amount equal to 33Vs percent of the capital cost (as determined by the Secretary concerned) of the project or projects that the entity proposes to carry out under this section with the investment. “(2) If the Secretary concerned conveys land or facilities to a nongovernmental entity as all or part of an investment in the entity under this section, the total value of the investment by the Secretary under this section may not exceed an amount equal to 45 percent of the capital cost (as determined by the Secretary) of the project or projects that the entity proposes to carry out under this section with the investment. “(3) In this subsection, the term ‘capital cost’, with respect to a project for the acquisition or construction of housing, means the total amount of the costs included in the basis of the housing for Federal income tax purposes. “(d) Collateral Incentive Agreements.— The Secretary concerned shall enter into collateral incentive agreements with non-governmental entities in which the Secretary makes an investment under this section to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or purchase, as the case may be, of a reasonable number of the housing units covered by the investment. “§ 2876. Rental guarantees “The Secretary concerned may enter into agreements with private persons that acquire or construct military family housing units or military unaccompanied housing units under this subchapter in order to assure— “(1) the occupancy of such units at levels specified in the agreements; or “(2) rental income derived from rental of such units at levels specified in the agreements. “§ 2877. Differential lease payments “Pursuant to an agreement entered into by the Secretary concerned and a private lessor of military family housing or military unaccompanied housing to members of the armed forces, the Secretary may pay the lessor an amount in addition to the rental payments for the housing made by the members as the Secretary determines appropriate to encourage the lessor to make the housing available to members of the armed forces as military family housing or as military unaccompanied housing. “§ 2878. Conveyance or lease of existing property and facilities “(a) Conveyance or Lease Authorized.— The Secretary concerned may convey or lease property or facilities (including ancillary supporting facilities) to private persons for purposes of using the proceeds of such conveyance or lease to carry out activities under this subchapter. “(b) Inapplicability to Property at Installation Approved for Closure.— The authority of this section does not apply to property or facilities located on or near a military installation approved for closure under a base closure law. “(c) Terms and Conditions.— (1) The conveyance or lease of property or facilities under this section shall be for such consideration and upon such terms and conditions as the Secretary concerned considers appropriate for the purposes of this subchapter and to protect the interests of the United States. “(2) As part or all of the consideration for a conveyance or lease under this section, the purchaser or lessor (as the case may be) shall enter into an agreement with the Secretary to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or sublease of a reasonable number of the housing units covered by the conveyance or lease, as the case may be, or in the lease of other suitable housing units made available by the purchaser or lessee. “(d) Inapplicability of Certain Property Management Laws.— The conveyance or lease of property or facilities under this section shall not be subject to the following provisions of law: “(1) Section 2667 of this title. “(2) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). “(3) Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (40 U.S.C. 303b). “(4) Section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401). “§ 2879. Interim leases “Pending completion of a project to acquire or construct military family housing units or military unaccompanied housing units under this subchapter, the Secretary concerned may provide for the interim lease of such units of the project as are complete. The term of a lease under this section may not extend beyond the date of the completion of the project concerned. “§ 2880. Unit size and type “(a) Conformity With Similar Housing Units in Locale.— The Secretary concerned shall ensure that the room patterns and floor areas of military family housing units and military unaccompanied housing units acquired or constructed under this subchapter are generally comparable to the room patterns and floor areas of similar housing units in the locality concerned. “(b) Inapplicability of Limitations on Space by Pay Grade.— (1) Section 2826 of this title shall not apply to military family housing units acquired or constructed under this subchapter. “(2) The regulations prescribed under section 2856 of this title shall not apply to any military unaccompanied housing unit acquired or constructed under this subchapter unless the unit is located on a military installation. “§ 2881. Ancillary supporting facilities “Any project for the acquisition or construction of military family housing units or military unaccompanied housing units under this subchapter may include the acquisition or construction of ancillary supporting facilities for the housing units concerned. “§ 2882. Assignment of members of the armed forces to housing units “(a) In General.— The Secretary concerned may assign members of the armed forces to housing units acquired or constructed under this subchapter. “(b) Effect of Certain Assignments on Entitlement to Housing Allowances.— (1) Except as provided in paragraph (2), housing referred to in subsection (a) shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403(b) of title 37. “(2) A member of the armed forces who is assigned in accordance with subsection (a) to a housing unit not owned or leased by the United States shall be entitled to a basic allowance for quarters under section 403 of title 37 and, if in a high housing cost area, a variable housing allowance under section 403a of that title. “(c) Lease Payments Through Pay Allotments.— The Secretary concerned may require members of the armed forces who lease housing in housing units acquired or constructed under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37. “§ 2883. Department of Defense Housing Funds “(a) Establishment.— There are hereby established on the books of the Treasury the following accounts: “(1) The Department of Defense Family Housing Improvement Fund. “(2) The Department of Defense Military Unaccompanied Housing Improvement Fund. “(b) Commingling of Funds Prohibited.— (1) The Secretary of Defense shall administer each Fund separately. “(2) Amounts in the Department of Defense Family Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military family housing. “(3) Amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military unaccompanied housing. “(c) Credits to Funds.— (1) There shall be credited to the Department of Defense Family Housing Improvement Fund the following: “(A) Amounts authorized for and appropriated to that Fund. “(B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition or construction of military family housing. “(C) Proceeds from the conveyance or lease of property or facilities under section 2878 of this title for the purpose of carrying out activities under this subchapter with respect to military family housing. “(D) Income derived from any activities under this subchapter with respect to military family housing, including interest on loans made under section 2873 of this title, income and gains realized from investments under section 2875 of this title, and any return of capital invested as part of such investments. “(2) There shall be credited to the Department of Defense Military Unaccompanied Housing Improvement Fund the following: “(A) Amounts authorized for and appropriated to that Fund. “(B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition or construction of military unaccompanied housing. “(C) Proceeds from the conveyance or lease of property or facilities under section 2878 of this title for the purpose of carrying out activities under this subchapter with respect to military unaccompanied housing. “(D) Income derived from any activities under this subchapter with respect to military unaccompanied housing, including interest on loans made under section 2873 of this title, income and gains realized from investments under section 2875 of this title, and any return of capital invested as part of such investments. “(d) Use of Amounts in Funds.— (1) In such amounts as provided in appropriation Acts and except as provided in subsection (e), the Secretary of Defense may use amounts in the Department of Defense Family Housing Improvement Fund to carry out activities under this subchapter with respect to military family housing, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this subchapter. “(2) In such amounts as provided in appropriation Acts and except as provided in subsection (e), the Secretary of Defense may use amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under this subchapter with respect to military unaccompanied housing, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this subchapter. “(3) Amounts made available under this subsection shall remain available until expended. The Secretary of Defense may transfer amounts made available under this subsection to the Secretaries of the military departments to permit such Secretaries to carry out the activities for which such amounts may be used. “(e) Limitation on Obligations.— The Secretary may not incur an obligation under a contract or other agreement entered into under this subchapter in excess of the unobligated balance, at the time the contract is entered into, of the Fund required to be used to satisfy the obligation. “(f) Notification Required for Transfers.— A transfer of appropriated amounts to a Fund under paragraph (1)(B) or (2)(B) of subsection (c) may be made only after the end of the 30-day period beginning on the date the Secretary of Defense submits written notice of, and justification for, the transfer to the appropriate committees of Congress. “(g) Limitation on Amount of Budget Authority.— The total value in budget authority of all contracts and investments undertaken using the authorities provided in this subchapter shall not exceed— “(1) $850,000,000 for the acquisition or construction of military family housing; and “(2) $150,000,000 for the acquisition or construction of military unaccompanied housing. “§ 2884. Reports “(a) Project Reports.— (1) The Secretary of Defense shall transmit to the appropriate committees of Congress a report describing— “(A) each contract for the acquisition or construction of family housing units or unaccompanied housing units that the Secretary proposes to solicit under this subchapter; and “(B) each conveyance or lease proposed under section 2878 of this title. “(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 of such method of participation. The report shall be submitted not later than 30 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease. “(b) Annual Reports.— The Secretary of Defense shall include each year in the materials that the Secretary submits to Congress in support of the budget submitted by the President pursuant to section 1105 of title 31 the following: “(1) A report on the expenditures and receipts during the preceding fiscal year covering the Funds established under section 2883 of this title. “(2) A methodology for evaluating the extent and effectiveness of the use of the authorities under this subchapter during such preceding fiscal year. “(3) A description of the objectives of the Department of Defense for providing military family housing and military unaccompanied housing for members of the armed forces. “§ 2885. Expiration of authority “The authority to enter into a contract under this subchapter shall expire five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996.”.

2. 2003

   Military Construction Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 2807(a) · 117 Stat. 1392

   1. Amended · 10 U.S.C. § 2884(a)(2)(4)

      Pub. L. 108–136, § 2807(a), designated second sentence of par. (2) as par. (4)

   2. Added · 10 U.S.C. § 2884(a)(2)(4)

      Pub. L. 108–136, § 2807(a), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(2) to (4). Pub. L. 108–136, § 2807(a), designated second sentence of par. (2) as par. (4) and added par. (3).

   Enacted provision · exact public law section
   (a) Reports on Specific Projects.— Subsection (a) of section 2884 of title 10, United States Code, is amended— (1) by designating the second sentence of paragraph (2) as paragraph (4); and (2) by inserting after the first sentence in paragraph (2) the following new paragraph: “(3) (A) In the case of a contract described in paragraph (1) proposed to be entered into with a private party, the report shall specify whether the contract will or may include a guarantee (including the making of mortgage or rental payments) by the Secretary to the private party in the event of— “(i) the closure or realignment of the installation for which housing will be provided under the contract; “(ii) a reduction in force of units stationed at such installation; or “(iii) the extended deployment of units stationed at such installation. “(B) If the contract will or may include such a guarantee, the report shall also— “(i) describe the nature of the guarantee; and “(ii) assess the extent and likelihood, if any, of the liability of the United States with respect to the guarantee.” .

3. 2003

   Military Construction Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 2807(b)(1) · 117 Stat. 1392

   Inserted · 10 U.S.C. § 2884(b)(2)

   Pub. L. 108–136, § 2807(b)(1), inserted before period at end “, and such recommendations as the Secretary considers necessary for improving the extent and effectiveness of the use of such authorities in the future”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 108–136, § 2807(b)(1), inserted before period at end “, and such recommendations as the Secretary considers necessary for improving the extent and effectiveness of the use of such authorities in the future”.

   Enacted provision · exact public law section
   (1) in paragraph (2), by inserting before the period at the end the following: “, and such recommendations as the Secretary considers necessary for improving the extent and effectiveness of the use of such authorities in the future”; and

4. 2003

   Military Construction Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 2807(b)(2) · 117 Stat. 1392

   1. Added · 10 U.S.C. § 2884(b)(3)(5)

      Pub. L. 108–136, § 2807(b)(2), added pars. (3) to (5)

   2. Struck · 10 U.S.C. § 2884(b)(3)(5)

      Pub. L. 108–136, § 2807(b)(2), struck out former par. (3) which read as follows: “A description of the objectives of the Department of Defense for providing military family housing and military unaccompanied housing for members of the armed forces.”

   Source evidence

   Code amendment note
   Subsec. (b)(3) to (5). Pub. L. 108–136, § 2807(b)(2), added pars. (3) to (5) and struck out former par. (3) which read as follows: “A description of the objectives of the Department of Defense for providing military family housing and military unaccompanied housing for members of the armed forces.”

   Enacted provision · exact public law section
   (2) by striking paragraph (3) and inserting the following new paragraphs: “(3) A review of activities of the Secretary under this subchapter during such preceding fiscal year, shown for military family housing, military unaccompanied housing, dual military family housing and military unaccompanied housing, and ancillary supporting facilities. “(4) If a contract for the acquisition or construction of military family housing, military unaccompanied housing, or dual military family housing and military unaccompanied housing entered into during the preceding fiscal year did not include the acquisition or construction of the types of ancillary supporting facilities specifically referred to in section 2871(1) of this title, a explanation of the reasons why such ancillary supporting facilities were not included. “(5) A description of the Secretary’s plans for housing privatization activities under this subchapter: (A) during the fiscal year for which the budget is submitted; and (B) during the period covered by the then-current future-years defense plan under section 221 of this title.” .

5. 2004

   Military Construction Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 2806(a) · 118 Stat. 1811

   Amended · 10 U.S.C. § 2884(a)(2)

   Pub. L. 108–375, § 2806(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 of such method of participation.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 108–375, § 2806(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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 of such method of participation.”

   Enacted provision · exact public law section
   (a) Project Reports.— Paragraph (2) of subsection (a) of section 2884 of title 10, United States Code, is amended to read as follows: “(2) For each proposed contract, conveyance, or lease described in paragraph (1), the report required by such paragraph shall include the following: “(A) A description of the contract, conveyance, or lease, including a summary of the terms of the contract, conveyance, or lease. “(B) A description of the authorities to be utilized in entering into the contract, conveyance, or lease and the intended method of participation of the United States in the contract, conveyance, or lease, including a justification of the intended method of participation. “(C) A statement of the scored cost of the contract, conveyance, or lease, as determined by the Office of Management and Budget. “(D) A statement of the United States funds required for the contract, conveyance, or lease and a description of the source of such funds. “(E) An economic assessment of the life cycle costs of the contract, conveyance, or lease, including an estimate of the amount of United States funds that would be paid over the life of the contract, conveyance, or lease from amounts derived from payments of government allowances, including the basic allowance for housing under section 403 of title 37, if the housing affected by the project were fully occupied by military personnel over the life of the contract, conveyance, or lease.” .

6. 2004

   Military Construction Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 2806(b) · 118 Stat. 1811

   1. Added · 10 U.S.C. § 2884(b)(5); 10 U.S.C. § 2884(b)(6)

      Pub. L. 108–375, § 2806(b), added par. (5)

   2. Redesignated · 10 U.S.C. § 2884(b)(5); 10 U.S.C. § 2884(b)(6)

      Pub. L. 108–375, § 2806(b), redesignated former par. (5) as (6)

   Source evidence

   Code amendment note
   Subsec. (b)(5), (6). Pub. L. 108–375, § 2806(b), added par. (5) and redesignated former par. (5) as (6).

   Enacted provision · exact public law section
   (b) Annual Reports.— Subsection (b) of such section is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): “(5) A report setting forth, by armed force— “(A) an estimate of the amounts of basic allowance for housing under section 403 of title 37 that will be paid, during the current fiscal year and the fiscal year for which the budget is submitted, to members of the armed forces living in housing provided under the authorities in this subchapter; and “(B) the number of units of military family housing and military unaccompanied housing upon which the estimate under subparagraph (A) for the current fiscal year and the next fiscal year is based.” .

7. 2006

   Military Construction Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 2806(c)(1) · 119 Stat. 3136

   Inserted · 10 U.S.C. § 2884(a)(2)(D)

   Pub. L. 109–163, § 2806(c)(1), inserted before period “, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the contract, conveyance, or lease”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 109–163, § 2806(c)(1), inserted before period “, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the contract, conveyance, or lease”.

   Enacted provision · exact public law section
   (1) in subsection (a)(2)(D), by inserting after “description of the source of such funds” the following: “, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the contract, conveyance, or lease”; and

   Effective date note
   Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(6) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

8. 2006

   Military Construction Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 2806(c)(2)(B) · 119 Stat. 3136

   1. Substituted · 10 U.S.C. § 2884(b)(1)

      Pub. L. 109–163, § 2806(c)(2)(B), (C), substituted “covering each of the Funds” for “covering the Funds”

   2. Inserted · 10 U.S.C. § 2884(b)(1)

      Pub. L. 109–163, § 2806(c)(2)(B), (C), inserted before period at end “, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. Each report shall also include, for each military department or defense agency, a description of all funds to be transferred to such Funds for the current fiscal year and the next fiscal year”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–163, § 2806(c)(2)(B), (C), substituted “covering each of the Funds” for “covering the Funds” and inserted before period at end “, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. Each report shall also include, for each military department or defense agency, a description of all funds to be transferred to such Funds for the current fiscal year and the next fiscal year”.

   Enacted provision · exact public law section
   (B) by striking “covering the Funds” and inserting “covering each of the Funds”; and

   Effective date note
   Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(6) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

9. 2006

   Military Construction Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 2806(c)(2)(A) · 119 Stat. 3136

   1. Amended · 10 U.S.C. § 2884(b)(1)

      Pub. L. 109–163, § 2806(c)(2)(A), as amended by Pub. L. 111–383, § 1075(h)(6)

   2. Substituted · 10 U.S.C. § 2884(b)(1)

      Pub. L. 109–163, § 2806(c)(2)(A), as substituted “A separate report” for “A report”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–163, § 2806(c)(2)(A), as amended by Pub. L. 111–383, § 1075(h)(6), substituted “A separate report” for “A report”.

   Enacted provision · exact public law section
   (A) by striking “a report” and inserting “a separate report”;

   Effective date note
   Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(6) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

10. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 2805(b) · 122 Stat. 4356

    Added · 10 U.S.C. § 2884(b)(7)

    Pub. L. 110–417, § 2805(b), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 110–417, § 2805(b), added par. (7).

    Enacted provision · exact public law section
    (b) Report for Identifying and Communicating Best Practices for Transactions.— Section 2884(b) of such title is amended by adding at the end the following new paragraph: “(7) A report on best practices for the execution of housing privatization initiatives, including— “(A) effective means to track and verify proper performance, schedule, and cash flow; “(B) means of overseeing the actions of bondholders to properly monitor construction progress and construction draws; “(C) effective structuring of transactions to ensure the United States Government has adequate abilities to oversee project owner performance; “(D) ensuring that notices to proceed on new work are not issued until proper bonding is in place; and “(E) such other topics that are identified as pertinent by the Department of Defense.” .

11. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 2805(f) · 122 Stat. 4356

    Added · 10 U.S.C. § 2884(b)(8)

    Pub. L. 110–417, § 2805(f), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 110–417, § 2805(f), added par. (8).

    Enacted provision · exact public law section
    (f) Annual Report on Maintenance and Repair to Privatized General and Flag Officer Quarters.— Section 2884(b) of such title, as amended by subsection (b), is further amended by adding at the end the following new paragraph: “(8) A report identifying each family housing unit acquired or constructed under this subchapter that is used, or intended to be used, as quarters for a general officer or flag officer and for which the total operation, maintenance, and repair costs for the unit exceeded $50,000. For each housing unit so identified, the report shall also include the total of such operation, maintenance, and repair costs.” .

12. 2011

    Military Construction Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 2803(g) · 124 Stat. 4137

    Inserted · 10 U.S.C. § 2884(a)(4)

    Pub. L. 111–383, § 2803(g), 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. (a)(4). Pub. L. 111–383, § 2803(g), 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
    (g) Use of Military Construction Alternative Authority.— Section 2884(a)(4) 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”.

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(6) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

13. 2011

    Ike Skelton National Defense Authorization Act for Fiscal Year 2011

    Pub. L. 111–383 § 1075(h)(6) · 124 Stat. 4137

    Changed · 10 U.S.C. § 2884(b)(1)

    Pub. L. 111–383, § 1075(h)(6), made technical correction to directory language of Pub. L. 109–163, § 2806(c)(2)(A). See 2006 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 111–383, § 1075(h)(6), made technical correction to directory language of Pub. L. 109–163, § 2806(c)(2)(A). See 2006 Amendment note below.

    Enacted provision · exact public law section
    (6) Section 2806(c)(2)(A) (119 Stat. 3507) is amended in the matter to be struck from and inserted in section 2884(b)(1) of title 10, United States Code, by striking “a” both places it appears and inserting “A”.

    Effective date note
    Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that amendment by section 1075(h)(6) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.

14. 2013

    Military Construction Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. B title XXVIII § 2803(b) · 126 Stat. 1632

    1. Added · 10 U.S.C. § 2884(b); 10 U.S.C. § 2884(c)

       Pub. L. 112–239 added subsecs. (b) and (c)

    2. Struck · 10 U.S.C. § 2884(b); 10 U.S.C. § 2884(c)

       Pub. L. 112–239 struck out former subsec. (b) which required the Secretary of Defense to provide annual reports to Congress

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 112–239 added subsecs. (b) and (c) and struck out former subsec. (b) which required the Secretary of Defense to provide annual reports to Congress.

    Enacted provision · exact public law section
    (b) Annual Reporting Requirements.— Section 2884 of such title is amended by striking subsection (b) and inserting the following new subsections: “(b) Annual Reports to Accompany Budget Materials.— The Secretary of Defense shall include each year in the materials that the Secretary submits to Congress in support of the budget submitted by the President pursuant to section 1105 of title 31 the following: “(1) A separate report on the expenditures and receipts during the preceding fiscal year covering each of the Funds established under section 2883 of this title, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. Each report shall also include, for each military department or defense agency, a description of all funds to be transferred to such Funds for the current fiscal year and the next fiscal year. “(2) A report setting forth, by armed force, the following: “(A) An estimate of the amounts of basic allowance for housing under section 403 of title 37 that will be paid, during the current fiscal year and the fiscal year for which the budget is submitted, to members of the armed forces living in housing provided under the authorities in this subchapter. “(B) The number of units of military family housing and military unaccompanied housing upon which the estimate under subparagraph (A) for the current fiscal year and the next fiscal year is based. “(3) A description of the plans for housing privatization activities to be carried out under this subchapter— “(A) during the fiscal year for which the budget is submitted; and “(B) during the period covered by the then-current future-years defense plan under section 221 of this title. “(4) A report identifying each family housing unit acquired or constructed under this subchapter that is used, or intended to be used, as quarters for a general officer or flag officer and for which the total operation, maintenance, and repair costs for the unit exceeded $50,000. For each housing unit so identified, the report shall also include the total of such operation, maintenance, and repair costs. “(c) Annual Report on Privatization Projects.— The Secretary of Defense shall submit to the congressional defense committees a semi-annual report containing on evaluation of the status of oversight and accountability measures under section 2885 of this title for military housing privatization projects. To the extent each Secretary concerned has the right to attain the information described in this subsection, each report shall include, at a minimum, the following: “(1) An assessment of the backlog of maintenance and repair at each military housing privatization project where a significant backlog exists, including an estimation of the cost of eliminating the maintenance and repair backlog. “(2) If the debt associated with a privatization project exceeds net operating income or the occupancy rates for the housing units are below 75 percent for more than one year, the plan developed to mitigate the financial risk of the project. “(3) An assessment of any significant project variances between the actual and pro forma deposits in the recapitalization account. “(4) The details of any significant withdrawals from a recapitalization account, including the purpose and rationale of the withdrawal and, if the withdrawal occurs before the normal recapitalization period, the impact of the early withdrawal on the financial health of the project. “(5) An assessment of the extent to which the information required to comply with paragraphs (1) through (4) has been requested by the Secretaries, but has not been made available. “(6) An assessment of cost assessed to members of the armed forces for utilities compared to utility rates in the local area.” .

15. 2013

    Military Construction Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. B title XXVIII § 2806 · 127 Stat. 672

    Inserted · 10 U.S.C. § 2884(c)(3)

    Pub. L. 113–66 inserted “, to specifically include any unique variances associated with litigation costs” before period at end

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 113–66 inserted “, to specifically include any unique variances associated with litigation costs” before period at end.

    Enacted provision · exact public law section
    SEC. 2806. ADDITIONAL ELEMENT FOR ANNUAL REPORT ON MILITARY HOUSING PRIVATIZATION PROJECTS.   Section 2884(c)(3) of title 10, United States Code, is amended by inserting before the period at the end the following: “, to specifically include any unique variances associated with litigation costs”.

16. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title X § 1071(f)(26) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 2884(c)

    Pub. L. 113–291 substituted “an evaluation” for “on evaluation” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–291 substituted “an evaluation” for “on evaluation” in introductory provisions.

    Enacted provision · exact public law section
    (26) Section 2884(c) is amended by striking “on evaluation” in the matter preceding paragraph (1) and inserting “an evaluation”.

17. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. B title XXVIII § 2801(d)(3) · 131 Stat. 1283

    1. Added · 10 U.S.C. § 2884(a)(4)

       Pub. L. 115–91 added par. (4)

    2. Struck · 10 U.S.C. § 2884(a)(4)

       Pub. L. 115–91 struck out former par. (4) which read as follows: “The report shall be submitted not later than 30 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease 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. (a)(4). Pub. L. 115–91 added par. (4) and struck out former par. (4) which read as follows: “The report shall be submitted not later than 30 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease 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
    (3) Section 2884(a) is amended by striking paragraph (4) and inserting the following new paragraph: “(4) The report shall be submitted in an electronic medium pursuant to section 480 of this title not later than 21 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.” .

18. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. B title XXX § 3016(d) · 133 Stat. 1198

    Added · 10 U.S.C. § 2884(c)(7)(14)

    Pub. L. 116–92 added pars. (7) to (14)

    Source evidence

    Code amendment note
    Subsec. (c)(7) to (14). Pub. L. 116–92 added pars. (7) to (14).

    Enacted provision · exact public law section
    (d) Additional Information in Congressional Reports on Privatized Military Housing.— Section 2884(c) of title 10, United States Code, is amended by adding at the end the following new paragraphs: “(7) An assessment of the condition of housing units based on the average age of those units and the estimated time until recapitalization. “(8) An assessment of tenant complaints. “(9) An assessment of maintenance response times and completion of maintenance requests. “(10) An assessment of the dispute resolution process, which shall include a specific analysis of each denied tenant request to withhold rent payments and each instance in which the dispute resolution process resulted in a favorable outcome for the landlord. “(11) An assessment of overall customer service for tenants. “(12) A description of the results of any no-notice housing inspections conducted. “(13) The results of any resident surveys conducted. “(14) With regard to issues of lead-based paint in housing units, a summary of data relating to the presence of lead-based paint in such housing units, including the following by military department: “(A) The total number of housing units containing lead-based paint. “(B) A description of the reasons for the failure to inspect any housing unit that contains lead-based paint. “(C) A description of all abatement or mitigation efforts completed or underway in housing units containing lead-based paint. “(D) A certification as to whether military housing under the jurisdiction of the Secretary concerned complies with requirements relating to lead-based paint, lead-based paint activities, and lead-based paint hazards, as described in section 408 of the Toxic Substances Control Act (15 U.S.C. 2688).” .

19. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2803(c)(1)(A) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 2884(a)(1)

    Pub. L. 116–283, § 2803(c)(1)(A), substituted “The Secretary concerned” for “The Secretary of Defense” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–283, § 2803(c)(1)(A), substituted “The Secretary concerned” for “The Secretary of Defense” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding the subparagraphs, by striking “The Secretary of Defense” and inserting “The Secretary concerned”; and

20. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2803(c)(1)(B) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 2884(a)(1)(A)

       Pub. L. 116–283, § 2803(c)(1)(B), inserted “or agreement” after “each contract”

    2. Struck · 10 U.S.C. § 2884(a)(1)(A)

       Pub. L. 116–283, § 2803(c)(1)(B), struck out “that the Secretary proposes to solicit” after “unaccompanied housing units”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 116–283, § 2803(c)(1)(B), inserted “or agreement” after “each contract” and struck out “that the Secretary proposes to solicit” after “unaccompanied housing units”.

    Enacted provision · exact public law section
    (B) in subparagraph (A)— (i) by inserting “or agreement” after “each contract”; and (ii) by striking “that the Secretary proposes to solicit”;

21. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2803(c)(2) · 134 Stat. 3388

    1. Substituted · 10 U.S.C. § 2884(a)(2)

       Pub. L. 116–283, § 2803(c)(2), substituted “A report required by paragraph (1)” for “For each proposed contract, conveyance, or lease described in paragraph (1), the report required by such paragraph” in introductory provisions

    2. Inserted · 10 U.S.C. § 2884(a)(2)

       Pub. L. 116–283, § 2803(c)(2), inserted “agreement,” after “contract,” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 116–283, § 2803(c)(2), substituted “A report required by paragraph (1)” for “For each proposed contract, conveyance, or lease described in paragraph (1), the report required by such paragraph” in introductory provisions and inserted “agreement,” after “contract,” wherever appearing.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) in the matter preceding the subparagraphs, by striking “For each proposed contract, conveyance, or lease described in paragraph (1), the report required by such paragraph” and inserting “A report required by paragraph (1)”; and (B) by inserting “agreement,” after “contract,” each place it appears; and

22. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2803(c)(3) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 2884(a)(3)

    Pub. L. 116–283, § 2803(c)(3), inserted “or agreement” after “contract” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 116–283, § 2803(c)(3), inserted “or agreement” after “contract” wherever appearing.

    Enacted provision · exact public law section
    (3) in paragraph (3), by inserting “or agreement” after “contract” each place it appears.

23. 2021

    Military Construction Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 2811(h) · 134 Stat. 3388

    Amended · 10 U.S.C. § 2884(c)(10)

    Pub. L. 116–283, § 2811(h), amended par. (10) generally. Prior to amendment, par. (10) read as follows: “An assessment of the dispute resolution process, which shall include a specific analysis of each denied tenant request to withhold rent payments and each instance in which the dispute resolution process resulted in a favorable outcome for the landlord.”

    Source evidence

    Code amendment note
    Subsec. (c)(10). Pub. L. 116–283, § 2811(h), amended par. (10) generally. Prior to amendment, par. (10) read as follows: “An assessment of the dispute resolution process, which shall include a specific analysis of each denied tenant request to withhold rent payments and each instance in which the dispute resolution process resulted in a favorable outcome for the landlord.”

    Enacted provision · exact public law section
    (h) Annual Assessment of the Dispute Resolution Process.— Paragraph (10) of section 2884(c) of title 10, United States Code, is amended to read as follows: “(10) An assessment of the dispute resolution process under section 2894(c) of this title, which shall include a list of dispute resolution cases by installation and the final outcome of each case.” .

24. 2022

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

    Pub. L. 117–263 div. B title XXVIII § 2823 · 136 Stat. 2395

    Added · 10 U.S.C. § 2884(d)

    Pub. L. 117–263 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–263 added subsec. (d).

    Enacted provision · exact public law section
    SEC. 2823. ANNUAL BRIEFINGS ON MILITARY HOUSING PRIVATIZATION PROJECTS.   Section 2884 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) Annual Briefings.— Not later than February 1 of each year, each Secretary concerned shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on military housing privatization projects under the jurisdiction of the Secretary. Such briefing shall include, for the 12-month period preceding the date of the briefing, each of the following: “(1) The information described in paragraphs (1) through (14) of subsection (c) with respect to all military housing privatization projects under the jurisdiction of the Secretary. “(2) A review of any such project that is expected to require the restructuring of a loan, including any public or private loan. “(3) For any such project expected to require restructuring, a timeline for when such restructuring is expected to occur. “(4) Such other information as the Secretary determines appropriate.” .

25. 2025

    Pub. L. 119–60 § 2823(a)(1)(B) · 139 Stat. 1306

    Substituted · 10 U.S.C. § 2884(c)

    Pub. L. 119–60, § 2823(a)(1)(B), substituted “Semi-annual” for “Annual” in heading

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 119–60, § 2823(a)(1)(B), substituted “Semi-annual” for “Annual” in heading.

26. 2025

    Pub. L. 119–60 § 2823(a)(1)(A) · 139 Stat. 1306

    Added · 10 U.S.C. § 2884(c)(15)(18)

    Pub. L. 119–60, § 2823(a)(1)(A), added pars. (15) to (18)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(15) to (18). Pub. L. 119–60, § 2823(a)(1)(A), added pars. (15) to (18).

27. 2025

    Pub. L. 119–60 § 2823(a)(2) · 139 Stat. 1306

    Substituted · 10 U.S.C. § 2884(d)(1)

    Pub. L. 119–60, § 2823(a)(2), substituted “paragraphs (1) through (18) of subsection (c)” for “paragraphs (1) through (14) of subsection (c)”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 119–60, § 2823(a)(2), substituted “paragraphs (1) through (18) of subsection (c)” for “paragraphs (1) through (14) of subsection (c)”.

33 of 36 references resolved to an enrolled provision · 3 unresolved