10 USC Subtitle A, PART IV, CHAPTER 169, SUBCHAPTER III: ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

From Title 10—ARMED FORCESSubtitle A—General Military LawPART IV—SERVICE, SUPPLY, AND PROPERTYCHAPTER 169—MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

SUBCHAPTER III—ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

Sec.

2851.

Supervision of military construction projects.

2851a.

Supervision of military housing by Chief Housing Officer.

2852.

Military construction projects: waiver of certain restrictions.

2853.

Authorized cost and scope of work variations.

2854.

Restoration or replacement of damaged or destroyed facilities.

2854a.

Conveyance of damaged or deteriorated military family housing; use of proceeds.

2855.

Law applicable to contracts for architectural and engineering services and construction design.

2856.

Military unaccompanied housing: standards.

2856a.

Covered military unaccompanied housing: waivers of covered privacy and configuration standards and covered health and safety standards.

2856b.

Covered military unaccompanied housing: standards for habitability.

2857.

Window fall prevention devices in military family housing units.

2858.

Limitation on the use of funds for expediting a construction project.

[2859.

Repealed.]

2860.

Availability of appropriations.

2861.

Military construction projects in connection with industrial facility investment program.

2862.

Turn-key selection procedures.

2863.

Payment of contractor claims.

2864.

Master plans for major military installations.

2865.

Work in Process Curve charts and outlay tables for military construction projects.

2866.

Water conservation at military installations.

2866a.

Risk-based approach to water management and water security at military installations.

2867.

Energy monitoring and utility control system specification for military construction and military family housing activities.

2868.

Utility services: furnishing for certain buildings.

2869.

Exchange of property at military installations.

[2870.

Repealed.]

Editorial Notes

Amendments

2025—Pub. L. 119–60, div. B, title XXVIII, §§2804(a), 2822(a)(1), 2848(a), Dec. 18, 2025, 139 Stat. 1294, 1305, 1319, added item 2866a, inserted "and covered health and safety standards" after "standards" in item 2856a, and struck out item 2859 "Construction requirements related to antiterrorism and force protection or urban-training operations". Amendments were made pursuant to operation of section 102 of this title.

2024—Pub. L. 118–159, div. A, title XVII, §1701(a)(30), Dec. 23, 2024, 138 Stat. 2204, substituted "Military unaccompanied housing: standards" for "Covered military unaccompanied housing: design standards" in item 2856.

2023—Pub. L. 118–31, div. B, title XXVIII, §§2831(a)(2), 2832(a), 2833(b), Dec. 22, 2023, 137 Stat. 753–755, substituted "Covered military unaccompanied housing: design standards" for "Military unaccompanied housing: local comparability of floor areas" in item 2856 and added items 2856a and 2856b. Addition of items 2856a and 2856b was made pursuant to operation of section 102 of this title.

2021—Pub. L. 117–81, div. B, §2003(b), title XXVIII, §2812(a), Dec. 27, 2021, 135 Stat. 2162, 2191, renumbered item 2879 in analysis under subchapter IV of this chapter as 2857 and transferred it to appear after item 2856.

Pub. L. 116–283, div. A, title VIII, §818(b)(1), div. B, title XXVIII, §2811(k)(1)(A), Jan. 1, 2021, 134 Stat. 3751, 4326, added item 2851a and struck out item 2870 "Use of qualified apprentices by military construction contractors".

2019—Pub. L. 116–92, div. A, title VIII, §865(a)(2), Dec. 20, 2019, 133 Stat. 1524, added item 2870.

2018—Pub. L. 115–232, div. B, title XXVIII, §2806(a)(2), Aug. 13, 2018, 132 Stat. 2264, added item 2865.

2013—Pub. L. 112–239, div. B, title XXVIII, §2802(b), Jan. 2, 2013, 126 Stat. 2147, added item 2864.

Pub. L. 112–239, div. A, title X, §1076(a)(22), Jan. 2, 2013, 126 Stat. 1949, made technical amendment to directory language of Pub. L. 112–81, §2815(c). See 2011 Amendment note below.

2011—Pub. L. 112–81, div. B, title XXVIII, §2815(c), Dec. 31, 2011, 125 Stat. 1689, as amended by Pub. L. 112–239, div. A, title X, §1076(a)(22), Jan. 2, 2013, 126 Stat. 1949, substituted "Exchange of property at military installations" for "Conveyance of property at military installations to limit encroachment" in item 2869.

Pub. L. 111–383, div. A, title X, §1075(d)(23), Jan. 7, 2011, 124 Stat. 4374, made technical amendment to directory language of Pub. L. 111–84, §2804(d)(2). See 2009 Amendment note below.

2009—Pub. L. 111–84, div. B, title XXVIII, §2841(a)(2), Oct. 28, 2009, 123 Stat. 2680, added item 2867.

Pub. L. 111–84, div. B, title XXVIII, §2804(d)(2), Oct. 28, 2009, 123 Stat. 2662, as amended by Pub. L. 111–383, div. A, title X, §1075(d)(23), Jan. 7, 2011, 124 Stat. 4374, substituted "Conveyance of property at military installations to limit encroachment" for "Conveyance of property at military installations to support military construction or limit encroachment" in item 2869.

2006—Pub. L. 109–364, div. B, title XXVIII, §§2807(a)(2), 2808(b)(2), 2809(b), 2810(b), 2811(f)(2), 2851(c)(4), Oct. 17, 2006, 120 Stat. 2468–2471, 2473, 2495, added item 2861, inserted "or urban-training operations" after "force protection" in item 2859, substituted "Military unaccompanied housing: local comparability of floor areas" for "Limitations on barracks space by pay grade" in item 2856 and "to support military construction or limit encroachment" for "closed or realigned to support military construction" in item 2869, and struck out items 2857 "Use of renewable forms of energy in new facilities", 2864 "Military construction contracts on Guam", 2865 "Energy savings at military installations", and 2867 "Sale of electricity from alternate energy and cogeneration production facilities".

Pub. L. 109–163, div. B, title XXVIII, §2804(c)(2), Jan. 6, 2006, 119 Stat. 3507, substituted "Authorized cost and scope of work variations" for "Authorized cost variations" in item 2853.

Pub. L. 108–375, div. B, title XXVIII, §2804(a)(2), Oct. 28, 2004, 118 Stat. 2122, added item 2859.

2003—Pub. L. 108–136, div. A, title X, §1044(b)(2), div. B, title XXVIII, §2805(a)(2), Nov. 24, 2003, 117 Stat. 1612, 1721, struck out item 2859 "Transmission of annual military construction authorization request" and added item 2869.

2001—Pub. L. 107–107, div. B, title XXVIII, §2803(b), Dec. 28, 2001, 115 Stat. 1305, struck out item 2861 "Annual report to Congress".

1997—Pub. L. 105–85, div. A, title III, §371(c)(3), Nov. 18, 1997, 111 Stat. 1705, added items 2867 and 2868.

1996—Pub. L. 104–106, div. B, title XXVIII, §2818(a)(2), Feb. 10, 1996, 110 Stat. 555, added item 2854a.

1993—Pub. L. 103–160, div. B, title XXVIII, §2803(b), Nov. 30, 1993, 107 Stat. 1885, added item 2866.

1990—Pub. L. 101–510, div. B, title XXVIII, §2851(b), Nov. 5, 1990, 104 Stat. 1804, added item 2865.

1989—Pub. L. 101–189, div. B, title XXVIII, §2807(b), Nov. 29, 1989, 103 Stat. 1648, added item 2864.

1987—Pub. L. 100–180, div. B, subdiv. 3, title I, §2303(b), Dec. 4, 1987, 101 Stat. 1215, added item 2863.

1986—Pub. L. 99–661, div. A, title XIII, §1343(a)(21)(B), Nov. 14, 1986, 100 Stat. 3994, struck out "for five years" after "Availability of appropriations" in item 2860.

1985—Pub. L. 99–167, title VIII, §807(b), Dec. 3, 1985, 99 Stat. 988, added item 2862.

1982—Pub. L. 97–321, title VIII, §801(b)(3), Oct. 15, 1982, 96 Stat. 1571, substituted "renewable forms of energy in new facilities" for "solar energy systems" in item 2857.

Statutory Notes and Related Subsidiaries

Standardization of Mold Remediation Guidelines Across Military Departments

Pub. L. 119–60, div. B, title XXVIII, §2830, Dec. 18, 2025, 139 Stat. 1313, provided that:

"(a) Requirement to Establish Common Guidelines.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop and implement uniform guidelines for the remediation of mold in military housing, facilities, and other real property under jurisdiction of each such Secretary.

"(b) Consistency With Established Standards.—The guidelines required under subsection (a) shall be consistent with—

"(1) applicable municipal and State health and environmental standards; and

"(2) third-party industry standards, including the standard of the Institute of Inspection Cleaning and Restoration Certification titled 'S520 Standard for Professional Mold Remediation', or any successor standard.

"(c) Applicability.—The guidelines required under subsection (a) shall apply—

"(1) to contracts or task orders for mold remediation entered into on or after the date of the issuance of such guidelines; and

"(2) to mold remediation procedures conducted on or after such date of issuance.

"(d) Report.—Not later than 180 days after date of the issuance of the guidelines under subsection (a), the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes the guidelines and describes plans for implementation of the guidelines and monitoring compliance with the guidelines."

Plan to Improve Accuracy, Integration, and Interoperability of Department of Defense Data With Respect to Real Property, Infrastructure, and Military Unaccompanied Housing

Pub. L. 119–60, div. B, title XXVIII, §2832, Dec. 18, 2025, 139 Stat. 1315, provided that:

"(a) Plan Required.—

"(1) In general.—The Secretary of Defense shall develop and implement a plan to—

"(A) improve the accuracy, integration, and interoperability of data across systems of a military department to track and maintain data with respect to real property, infrastructure, or military unaccompanied housing under the jurisdiction of a Secretary concerned; and

"(B) enhance, across each military department, the tracking, management, and reporting of data with respect to—

"(i) the condition of military unaccompanied housing; and

"(ii) the occupancy rates of military unaccompanied housing.

"(2) Elements.—Such plan shall include the following:

"(A) A requirement for each Secretary of a military department to update, on an annual basis, the system of the appropriate military department—

"(i) for real property planning to include—

"(I) an accurate statement of deficits in the occupancy of military unaccompanied housing under the jurisdiction of the Secretary;

"(II) a summary that aligns such deficits with unit stationing decisions of the Secretary; and

"(III) a description of the effects of relevant changes in force structure; and

"(ii) to track and maintain data with respect to military unaccompanied housing to include—

"(I) real-time occupancy data and room assignment records with respect to military unaccompanied housing under the jurisdiction of the Secretary; and

"(II) a standardized automated process to track completion times of maintenance requests work orders with respect to such military unaccompanied housing.

"(B) Standards to ensure, with respect to any system of a military department to assess the condition of infrastructure under the jurisdiction of a Secretary of a military department, that—

"(i) data maintained by any such system is synchronized; and

"(ii) any such system integrates predictive maintenance tools to—

"(I) forecast infrastructure deterioration; and

"(II) prioritize repairs.

"(C) Enhanced data validation protocols across all housing records of the Department of Defense to—

"(i) eliminate discrepancies in such housing records; and

"(ii) ensure accuracy of reports that include data from such housing records.

"(D) A requirement for each Secretary of a military department to audit, on a periodic basis, data with respect to real property, infrastructure, and military unaccompanied housing under the jurisdiction of the Secretary.

"(E) Specific milestones to achieve full data synchronization across each system of a military department to track and maintain data with respect to military unaccompanied housing.

"(F) Requirements, for each system described in subparagraph (E), with respect to system integration, user training, and compliance monitoring.

"(G) A Department of Defense-wide verification framework to ensure accurate barracks occupancy reporting, which shall include—

"(i) required physical inspections;

"(ii) automated reconciliation of unit personnel records with housing assignments; and

"(iii) mechanisms to prevent ghost occupancy.

"(H) A Department of Defense-wide strategy for real-time data analytics to—

"(i) optimize investments in military unaccompanied housing;

"(ii) improve facility lifecycle management; and

"(iii) enable predictive maintenance planning;

"(I) A Department of Defense-wide governance policy for data with respect to military unaccompanied housing, that includes—

"(i) enforceable protocols for data entry, frequency of updates, access controls, cybersecurity protections; and

"(ii) standardized reporting requirements.

"(J) A requirement for each Secretary of a military department to implement a standardized system for members of the Armed Forces, including commanders of military installations to—

"(i) report discrepancies in data maintained by the Secretary with respect to military unaccompanied housing; and

"(ii) submit to the Secretary concerned requests for improvements to the system of the appropriate military department to track and maintain data with respect to military unaccompanied housing.

"(b) Deadline.—The Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives the plan required by subsection (a) by not later than September 30, 2026."

Analysis of Housing Availability for Critical Civilian and Contractor Personnel Near Rural Military Installations

Pub. L. 118–159, div. B, title XXVIII, §2828, Dec. 23, 2024, 138 Stat. 2258, provided that:

"(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall revise the Department of Defense Manual 4165.63–M titled 'DoD Housing Management' issued October 28, 2010, to require an analysis of the availability of suitable housing located in close proximity to a military installation in a rural area for civilian personnel and defense contractors that provide critical functions for the operations of such military installation, as determined by the Secretary.

"(b) Definitions.—In this section:

"(1) The term 'military installation' has the meaning given such term in section 2801 of title 10, United States Code.

"(2) The term 'rural area' has the meaning given such term in section 2391 of such title."

Digital Facilities Management Systems for Military Departments

Pub. L. 118–159, div. B, title XXVIII, §2829, Dec. 23, 2024, 138 Stat. 2258, provided that:

"(a) Digital Facilities Management Systems for Military Departments.—

"(1) Criteria.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with each covered Assistant Secretary, shall develop criteria for a new or established digital facilities management system for each military department. Each such system shall have the capability to, with respect to each military installation—

"(A) track conditions of individual facilities, applying the uniform index developed under section 2838 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) [set out as a note below], for each military installation under the jurisdiction of each such covered Assistant Secretary;

"(B) plan for maintenance actions for each facility; and

"(C) generate reports that include data on—

"(i) the type and function of each facility;

"(ii) the overall condition of each facility;

"(iii) planned maintenance for each facility during a five-year period following the date of submission of the criteria;

"(iv) conditions that may lead to a failure to maintain minimum physical security or configuration standards for members of the Armed Forces during the 12-month period following the date of submission of the criteria; and

"(v) the date on which the facility will have been in use for 40 years.

"(2) Briefing.—Not later than 30 days after the date on which the Assistant Secretary of Defense for Energy, Installations, and Environment develops the criteria required under paragraph (1), the Assistant Secretary shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on such criteria.

"(3) Implementation.—Not later than one year after the date on which the Assistant Secretary of Defense for Energy, Installations, and Environment develops the criteria required under paragraph (1), each covered Assistant Secretary shall implement a digital facilities management system for the military department under the jurisdiction of that covered Assistant Secretary that meets the criteria described in paragraph (1).

"(b) Definitions.—In this section:

"(1) The term 'covered Assistant Secretary' means—

"(A) the Assistant Secretary of the Army for Installations, Energy, and Environment;

"(B) the Assistant Secretary of the Navy for Energy, Installations, and Environment; and

"(C) the Assistant Secretary of the Air Force for Installations, Environment, and Energy [probably should be "Energy, Installations, and Environment"].

"(2) The term 'facility' has the meaning given in section 2801 of title 10, United States Code.

"(3) The term 'military department' has the meaning given in section 101 of such title.

"(4) The term 'military installation' has the meaning given in section 2801 of such title."

Establishment of Civilian Employees for Oversight of Covered Military Unaccompanied Housing

Pub. L. 118–31, div. B, title XXVIII, §2836, Dec. 22, 2023, 137 Stat. 759, provided that:

"(a) Establishment Civilian Employees.—

"(1) In general.—Not later than 30 days after the date of the enactment of this Act [Dec. 22, 2023] and subject to paragraph (3), the Secretary of Defense shall issue regulations to require each Secretary of a military department to establish a civilian employee at the housing office of each military installation under the respective jurisdiction of each such Secretary to be responsible for oversight of covered military unaccompanied housing at that military installation. Such civilian employee shall be an employee of—

"(A) the Department of Defense; or

"(B) the military department concerned.

"(2) Supervisory chain.—Each civilian employee described in paragraph (1) and member of the Armed Forces described in paragraph (3) shall report to an appropriate supervisory civilian employee at the housing office for the applicable military installation.

"(3) Exception.—The requirement under the regulations issued pursuant to paragraph (1) shall not apply with respect to military installations at which oversight of covered military unaccompanied housing is performed by a member of the Armed Forces with an occupational specialty that defines the primary duty of such member as a barracks manager or an equivalent occupation.

"(b) Limitation on Role by Members of the Armed Forces; Position Designation.—

"(1) Limitation.—The Secretary of Defense and the Secretaries of the military departments concerned may not allow an enlisted member of the Armed Forces or commissioned officer to, as a collateral duty, be designated as a barracks manager or supervisor overseeing, managing, accepting, or compiling maintenance records for any covered military unaccompanied housing at the applicable military installation.

"(2) Designation.—Except as provided in paragraph (3) of subsection (a), the functions of a barracks manager or supervisor described in paragraph (1) shall be completed by a civilian employee described in paragraph (1) of such subsection.

"(c) Definitions.—In this section:

"(1) The term 'covered military unaccompanied housing' has the meaning given such term in section 2856 of title 10, United States Code (as amended by section 2831).

"(2) The term 'military installation' has the meaning given such term in section 2801 of such title."

Maintenance Work Order Management Process for Covered Military Unaccompanied Housing

Pub. L. 118–159, div. B, title XXVIII, §2826(b), Dec. 23, 2024, 138 Stat. 2258, provided that: "The Secretary of Defense shall issue guidance with respect to the requirements of such subsection [section 2837(b) of Pub. L. 118–31, set out below] (as amended by subsection (a)) not later than 60 days after the date of the enactment of this Act [Dec. 23, 2024]."

Pub. L. 118–31, div. B, title XXVIII, §2837, Dec. 22, 2023, 137 Stat. 759, as amended by Pub. L. 118–159, div. B, title XXVIII, §2826(a), Dec. 23, 2024, 138 Stat. 2257, provided that:

"(a) In General.—Not later than 60 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall issue rules to establish for each military department a process associated with maintenance work order management for covered military unaccompanied housing under the jurisdiction of such military department that is—

"(1) in existence on or before the date of the enactment of this Act; or

"(2) constructed or used on or after such date of enactment.

"(b) Use of Process.—The processes required under subsection (a) shall include clearly defined requirements for effective and timely maintenance work order management, including requirements with respect to—

"(1) quality assurance for maintenance completed;

"(2) a digital system through which residents of covered military unaccompanied housing may submit to individuals responsible for the management of such housing requests for maintenance work orders;

"(3) communication of maintenance progress and resolution with individuals responsible for the management of the covered military unaccompanied housing and the residents of such housing; and

"(4) standardized performance metrics, such as the timeliness of completion of maintenance work orders.

"(c) Administration.—The Secretary of each military department shall administer the process for maintenance work order management required under subsection (a) for the military department under the jurisdiction of such Secretary and shall issue or update relevant guidance as necessary.

"(d) Covered Military Unaccompanied Housing Defined.—In this section, the term 'covered military unaccompanied housing' has the meaning given in section 2856 of title 10, United States Code (as amended by section 2831)."

Uniform Index for Evaluating the Condition of Covered Military Unaccompanied Housing Facilities

Pub. L. 118–31, div. B, title XXVIII, §2838, Dec. 22, 2023, 137 Stat. 760, provided that:

"(a) In General.—Not later than 30 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense, acting through the Assistant Secretary of Defense for Energy, Installations, and Environment, shall establish a uniform index for evaluating the condition of covered military unaccompanied housing facilities—

"(1) that exist as of the date of the enactment of this Act; and

"(2) that are constructed or used on or after such date.

"(b) Completion of Index.—Not later than 6 months after the date of the enactment of this Act, each Secretary of a military department shall apply the uniform index established under subsection (a) to evaluate the condition of each military installation under the jurisdiction of each such Secretary.

"(c) Definitions.—In this section:

"(1) The term 'covered military unaccompanied housing' has the meaning given in section 2856 of title 10, United States Code (as amended by section 2831).

"(2) The term 'military department' has the meaning given in section 101 of such title.

"(3) The term 'military installation' has the meaning given in section 2801 of such title."

Elimination of Flexibilities for Construction Standards for Covered Military Unaccompanied Housing

Pub. L. 118–31, div. B, title XXVIII, §2841, Dec. 22, 2023, 137 Stat. 762, provided that:

"(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense and each Secretary of a military department shall modify all directives, instructions, manuals, regulations, policies, and other guidance and issuances of the Department of Defense or appropriate military department to eliminate the grant of any flexibilities to the standards for construction of new covered military unaccompanied housing.

"(b) Matters Included.—The requirement under subsection (a) shall include modifications that remove the flexibility provided to the military departments with respect to new construction standards for covered military unaccompanied housing, including modification of the Department of Defense Manual 4165.63 titled 'DoD Housing Management' and dated October 28, 2010 (or a successor document).

"(c) Covered Military Unaccompanied Housing Defined.—In this section, the term 'covered military unaccompanied housing' has the meaning given in section 2856 of title 10, United States Code (as amended by section 2831)."

Improvement of Security of Lodging and Living Spaces on Military Installations

Pub. L. 117–81, div. B, title XXVIII, §2815, Dec. 27, 2021, 135 Stat. 2193, provided that:

"(a) Assessment.—Not later than 60 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying—

"(1) locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing;

"(2) areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and

"(3) other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault.

"(b) Emergency Repairs.—The Secretary of Defense shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection (a) not later than 30 days after discovering the issue.

"(c) Report.—

"(1) In general.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees [Committee on Armed Services and Committee on Appropriations of the Senate and House of Representatives] a report on the results of the assessment conducted under subsection (a).

"(2) Elements.—The report under paragraph (1) shall include—

"(A) a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and

"(B) an estimated schedule for making such improvements."

§2851. Supervision of military construction projects

(a) Supervision of Military Department Projects.—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 a Secretary of a military department or Government agency (as approved by the Secretary of Defense) to assure the most efficient, expeditious, and cost-effective completion of the project.

(b) Supervision of Defense Agency Projects.—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.

(c) Maintenance of Military Construction Information on Internet; Access.—(1) The Secretary of Defense shall maintain an Internet site that will permit a person to access and view on a separate page of the Internet site a document or other file containing the information required by paragraph (2) for the following:

(A) Each military construction project or military family housing project that has been specifically authorized by Act of Congress.

(B) Each project carried out with funds authorized for the operation and maintenance of military family housing.

(D) Each unspecified minor construction project carried out under the authority of section 2805(a) of this title.

(E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization.

(F) Each military construction project, military department Facilities Sustainment, Restoration, and Modernization project, or military family housing project regarding which a statutory requirement exists to notify Congress.

(2) The information to be provided via the Internet site required by paragraph (1) for each project described in such paragraph shall include the following:

(A) The solicitation date and award date (or anticipated dates) for each contract entered into (or to be entered into) by the United States in connection with the project.

(B) The contract recipient, contract award amount, construction milestone schedule proposed by the contractor, and construction completion date stipulated in the awarded contract.

(D) The progress of the project, including the percentage of construction currently completed and the current estimated construction completion date.

(E) The current contract obligation of funds for the project, including any changes to the original contract award amount.

(F) If funds appropriated for the project have been diverted for use in another project, the project to which the funds were diverted and the amount so diverted.

(G) For accounts such as planning and design, unspecified minor construction, and family housing operation and maintenance, detailed information regarding expenditures and anticipated expenditures under these accounts and the purposes for which the expenditures are made.

(3) The information required to be provided for each project described in paragraph (1) shall be made available on the Internet site required by such paragraph not later than 90 days after the award of a contract or delivery order for the project. The Secretary of Defense shall update the required information as promptly as practicable, but not less frequently than once a month, to ensure that the information is available in a timely manner.

(d) Report on Supervision of Large Military Construction Projects.—Before the award of a contract of a value greater than $500,000,000 in connection with a military construction project, the individual directing and supervising such military construction project under subsection (a) or the individual designated pursuant to subsection (b) (as applicable) shall submit to the appropriate committees of Congress a report on the intended supervision, inspection, and overhead plan to manage such military construction project. Each such report shall include the following:

(1) A determination of the overall funding intended to manage the supervision, inspection, and overhead of the military construction project.

(2) An assessment of whether a Department of Defense Field Activity directly reporting to such individual should be established.

(3) A description of the quality assurance approach to the military construction project.

(4) The independent cost estimate described in section 3221(b)(6)(A) of this title.

(5) The overall staffing approach to oversee the military construction project for each year of the contract term.

(e) Annual Report on Schedule Delays.—Not later than March 1 of each year (beginning with 2018), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on each military construction project or military family housing project for which, as of the end of the most recent fiscal year, the estimated completion date is more than 1 year later than the completion date proposed at the time the contract for the project was awarded.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 163; amended Pub. L. 109–163, div. B, title XXVIII, §2803(a), (c), Jan. 6, 2006, 119 Stat. 3505, 3506; Pub. L. 111–383, div. B, title XXVIII, §2801, Jan. 7, 2011, 124 Stat. 4458; Pub. L. 115–91, div. B, title XXVIII, §2822, Dec. 12, 2017, 131 Stat. 1855; Pub. L. 117–81, div. B, title XXVIII, §2801(a), Dec. 27, 2021, 135 Stat. 2184; Pub. L. 117–263, div. B, title XXVIII, §2806(a), Dec. 23, 2022, 136 Stat. 2995; Pub. L. 119–60, div. B, title XXVIII, §2808(a), Dec. 18, 2025, 139 Stat. 1298.)

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60 substituted "a Secretary of a military department or Government agency (as approved by the Secretary of Defense)" for "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".

2022—Subsecs. (d), (e). Pub. L. 117–263 added subsec. (d) and redesignated former subsec. (d) as (e).

2021—Subsec. (c)(1)(E). Pub. L. 117–81, §2801(a)(2), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (c)(1)(F). Pub. L. 117–81, §2801(a)(1), (3), redesignated subpar. (E) as (F) and inserted ", military department Facilities Sustainment, Restoration, and Modernization project," after "construction project".

2017—Subsec. (d). Pub. L. 115–91 added subsec. (d).

2011—Subsec. (c)(1). Pub. L. 111–383, §2801(c)(1), substituted "that will permit a person" for "that, when activated by a person authorized under paragraph (3), will permit the person".

Subsec. (c)(2)(F) to (H). Pub. L. 111–383, §2801(a), redesignated subpars. (G) and (H) as (F) and (G), respectively, and struck out former subpar. (F) which read as follows: "The estimated final cost of the project and, if the estimated final cost of the project exceeds the amount appropriated for the project and funds have been provided from another source to meet the increased cost, the source of the funds and the amount provided."

Subsec. (c)(3), (4). Pub. L. 111–383, §2801(b), (c)(2), redesignated par. (4) as (3), substituted "on the Internet site required by such paragraph" for "to the persons referred to in paragraph (3)" and struck out "to such persons" before "in a timely manner", and struck out former par. (3) which read as follows: "Access to the Internet site required by paragraph (1) shall be restricted to the following persons:

"(A) Members of the congressional defense committees and their staff.

"(B) Staff of the congressional defense committees."

2006—Subsecs. (a), (b). Pub. L. 109–163, §2803(c), inserted headings.

Subsec. (c). Pub. L. 109–163, §2803(a), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. B, title XXVIII, §2806(c), Dec. 23, 2022, 136 Stat. 2995, provided that: "This section [amending this section and section 3221 of this title] and the amendments made by this section shall apply to contracts entered into on or after the date of the enactment of this Act [Dec. 23, 2022]."

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

Application of Amendment by Pub. L. 117–81

Pub. L. 117–81, div. B, title XXVIII, §2801(b), Dec. 27, 2021, 135 Stat. 2184, provided that: "Subparagraph (E) of section 2851(c)(1) of title 10, United States Code, as added by subsection (a)(2), and subparagraph (F) of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022."

Implementation of Comptroller General Recommendations Relating to Information Sharing To Improve Oversight of Military Construction

Pub. L. 119–60, div. B, title XXVIII, §2817, Dec. 18, 2025, 139 Stat. 1304, provided that: "Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall—

"(1) implement the recommendations of the Comptroller General of the United States in the report titled 'Military Construction: Better Information Sharing Would Improve DOD's Oversight' (GAO–24–106499; published September 16, 2024); or

"(2) if the Secretary does not implement any such recommendation, submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining why the Secretary has not implemented those recommendations."

Implementation of Internet Site

Pub. L. 109–163, div. B, title XXVIII, §2803(b), Jan. 6, 2006, 119 Stat. 3506, provided that: "The Internet site required by subsection (c) of section 2851 of title 10, United States Code, as added by subsection (a), shall be available to the persons referred to in paragraph (3) of such subsection not later than July 15, 2006."

Identification of Requirements To Reduce Backlog in Maintenance and Repair of Defense Facilities

Pub. L. 106–398, §1 [[div. A], title III, §374], Oct. 30, 2000, 114 Stat. 1654, 1654A-81, which required the Secretary of Defense to submit to Congress, not later than March 15, 2001, a report identifying a list of requirements to reduce the backlog in maintenance and repair needs of facilities and infrastructure under the jurisdiction of the Department of Defense or a military department, which report was to be updated annually, was repealed by Pub. L. 112–81, div. A, title X, §1062(i)(1), Dec. 31, 2011, 125 Stat. 1585.

§2851a. Supervision of military housing by Chief Housing Officer

(a) In General.—The Assistant Secretary of Defense for Energy, Installations, and Environment shall serve as the Chief Housing Officer, who shall oversee family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as "covered housing units").

(b) Principal Duties.—(1) The Chief Housing Officer shall oversee all aspects of the provision of covered housing units, including the following:

(A) Creation and standardization of policies and processes regarding covered housing units.

(B) Oversight of the administration of any Department of Defense-wide policies regarding covered housing units, to include, in coordination with the Secretaries of the military departments, the housing documents developed pursuant to section 2890 of this title entitled Military Housing Privatization Initiative Tenant Bill of Rights and Military Housing Privatization Initiative Tenant Responsibilities.

(2) The duties specified in paragraph (1) may not be further delegated.

(Added Pub. L. 116–92, div. B, title XXX, §3012(a), Dec. 20, 2019, 133 Stat. 1921, §2890a; renumbered §2851a and amended Pub. L. 116–283, div. B, title XXVIII, §2811(a), Jan. 1, 2021, 134 Stat. 4323; Pub. L. 117–263, div. B, title XXVIII, §2807, Dec. 23, 2022, 136 Stat. 2995.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263 amended subsec. (a) generally. Prior to amendment, text read as follows:

"(1) The Secretary of Defense shall designate, from among officials of the Department of Defense who are appointed by the President with the advice and consent of the Senate, a Chief Housing Officer who shall oversee family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as 'covered housing units').

"(2) The official of the Department of Defense designated as Chief Housing Officer may be assigned duties in addition to the duties as Chief Housing Officer under subsection (b)."

2021—Pub. L. 116–283, §2811(a)(3), renumbered section 2890a of this title as this section.

Pub. L. 116–283, §2811(a)(2), inserted "Supervision of military housing by" before "Chief" in section catchline.

Subsec. (a)(1). Pub. L. 116–283, §2811(a)(1)(A), substituted "family housing and military unaccompanied housing under the jurisdiction of the Department of Defense or acquired or constructed under subchapter IV of this chapter (in this section referred to as 'covered housing units')" for "housing units".

Subsec. (b)(1). Pub. L. 116–283, §2811(a)(1)(B)(ii), inserted "covered" before "housing units" in subpars. (A) and (B).

Pub. L. 116–283, §2811(a)(1)(B)(i), substituted "covered housing units" for "housing under subchapter IV and this subchapter" in introductory provisions.

Statutory Notes and Related Subsidiaries

Notification of Designation

Pub. L. 116–92, div. B, title XXX, §3012(b), Dec. 20, 2019, 133 Stat. 1921, provided that not later than 60 days after Dec. 20, 2019, the Secretary of Defense was to notify the Committees on Armed Services and Appropriations of the Senate and the House of Representatives of the official of the Department of Defense designated as Chief Housing Officer under this section. As amended by Pub. L. 117–263, subsec. (a) of this section provides that the Assistant Secretary of Defense for Energy, Installations, and Environment shall serve as the Chief Housing Officer.

§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 subsections (a) and (b) of section 3324 of title 31.

(b) Authority to carry out a military construction project or a military family housing project may be exercised on land not owned by the United States—

(1) before title to the land on which the project is to be carried out is approved under section 3111 of title 40; and

(2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.

(c) In the case of a military construction project or a military family housing project, the contract amount thresholds specified in subchapter III of chapter 31 of title 40 (commonly referred to as the Miller Act) shall be applied by substituting "$150,000" for "$100,000" for purposes of determining when a performance bond and payment bond are required under section 3131 of such title and when alternatives to payment bonds as payment protections for suppliers of labor and materials are required under section 3132 of such title.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 164; amended Pub. L. 97–295, §1(35), Oct. 12, 1982, 96 Stat. 1296; Pub. L. 97–321, title VIII, §805(a)(1), Oct. 15, 1982, 96 Stat. 1573; Pub. L. 99–145, title XIII, §1303(a)(19), Nov. 8, 1985, 99 Stat. 739; Pub. L. 107–217, §3(b)(20), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 112–81, div. B, title XXVIII, §2803, Dec. 31, 2011, 125 Stat. 1685.)

Historical and Revision Notes

In 10:2852(a), the title 31 citation is substituted on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted title 31.

Editorial Notes

Amendments

2011—Subsec. (c). Pub. L. 112–81 added subsec. (c).

2002—Subsec. (b)(1). Pub. L. 107–217 substituted "section 3111 of title 40" for "section 355 of the Revised Statutes (40 U.S.C. 255)".

1985—Subsec. (a). Pub. L. 99–145 substituted "subsections (a) and (b) of section 3324" for "section 3324(a) and (b)".

1982—Subsec. (a). Pub. L. 97–295 substituted "section 3324(a) and (b) of title 31" for "section 3648 of the Revised Statutes (31 U.S.C. 529)".

Subsec. (b). Pub. L. 97–321 substituted "may be exercised on land not owned by the United States" for "on land not owned by the United States may be exercised" in introductory text, redesignated former cl. (1) as par. (1), added par. (2), and struck out former cl. (2) which read as follows: "even though the land is held temporarily".

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

§2853. Authorized cost and scope of work variations

(a) Cost Variations Authorized; Limitation.—Except as provided in subsection (c), (d), or (e), the cost authorized for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be increased or decreased by not more than 25 percent of the total authorized cost of the project or 200 percent of the minor construction project ceiling specified in section 2805(a) of this title, whichever is less, if the Secretary concerned determines that such revised cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reasonably been anticipated at the time the project was authorized by Congress.

(b) Scope of Work Variations Authorized; Limitation.—(1) Except as provided in subsection (c), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition. Any reduction in scope of work for a military construction project shall not result in a facility or item of infrastructure that is not complete and useable or does not fully meet the mission requirement contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.

(2) Except as provided in subsection (d), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may not be increased above the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.

(3) In this subsection, the term "scope of work" refers to the function, size, or quantity of a facility or item of complete and useable infrastructure contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.

(c) Exceptions to Limitation on Cost Variations and Scope of Work Reductions.—(1)(A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph.

(B) The notification required by subparagraph (A) shall—

(i) identify the amount of the cost increase and the reasons for the increase;

(ii) certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and

(iii) describe the funds proposed to be used to finance the cost increase.

(C) A waiver and approval by the Secretary concerned under subparagraph (A) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.

(D) The Secretary concerned may not use the authority provided by subparagraph (A) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000 if that waiver would increase the project cost by more than 50 percent of the total authorized cost of the project.

(E) In addition to the notification required by this paragraph, subsection (f) applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection (f) may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D).

(2)(A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project.

(B) The notification required by subparagraph (A) shall be provided in an electronic medium pursuant to section 480 of this title.

(3)(A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph.

(B) The notification required by subparagraph (A) shall—

(i) describe the reduction in the scope of work and the reasons for the decrease; and

(ii) certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope.

(d) Exceptions to Limitation on Scope of Work Increases.—(1) Except as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection.

(2) The notification required by paragraph (1) shall describe the increase in the scope of work and the reasons for the increase.

(3) A waiver and approval by the Secretary concerned under paragraph (1) shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title.

(4) The Secretary concerned may not use the authority provided by paragraph (1) to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.

(e) Additional Cost Variation Exceptions.—The limitation on cost variations in subsection (a) does not apply to the following:

(1) The settlement of a contractor claim under a contract.

(2) The costs associated with the required remediation of an environmental hazard in connection with a military construction project or military family housing project, such as asbestos removal, radon abatement, lead-based paint removal or abatement, or any other legally required environmental hazard remediation, if the required remediation could not have reasonably been anticipated at the time the project was approved originally by Congress.

(f) Additional Reporting Requirement for Certain Cost Increases.—(1) In addition to the notification sent under paragraph (1) of subsection (c) of a cost increase with respect to a project, the Secretary concerned shall provide an additional report notifying the congressional defense committees of any military construction project or military family housing project with a total authorized cost greater than $40,000,000 that has a cost increase of 25 percent or more.

(2) The report under paragraph (1) shall include the following—

(A) A description of the specific reasons for the cost increase and the specific organizations and individuals responsible.

(B) A description of any ongoing or completed proceedings or investigation into a government employee, prime contractor, subcontractor, or non-governmental organization that may be responsible for the cost increase, and the status of such proceeding or investigation.

(C) If any proceeding or investigation identified in subparagraph (B) resulted in final judicial or administrative action, the following:

(i) In the case of a judicial or administrative action taken against a government employee, the report shall identify the individual's organization, position within the organization, and the action taken against the individual, but shall exclude personally identifiable information about the individual.

(ii) In the case of a judicial or administrative action taken against a prime contractor, subcontractor, or non-governmental organization, the report shall identify the prime contractor, subcontractor, or non-governmental organization and the action taken against the prime contractor, subcontractor, or non-governmental organization.

(D) A summary of any changes the Secretary concerned believes may be required to the organizational structure, project management and oversight practices, policy, or authorities of a government organization involved in military construction projects as a result of problems identified and lessons learned from the project.

(3) If any proceeding or investigation described in paragraph (2)(C) is still ongoing at the time the Secretary concerned submits the report under paragraph (1), the Secretary shall provide a supplemental report to the congressional defense committees not later than 30 days after such proceeding or investigation has been completed. If such proceeding or investigation resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Secretary shall include in the supplemental report the information required by paragraph (2)(C).

(4) Each report under this subsection shall be cosigned by the senior engineer authorized to supervise military construction projects and military family housing projects under section 2851(a).

(5) The Secretary shall send the report required under paragraph (1) with respect to a project not later than 180 days after the Secretary sends to the appropriate committees of Congress the notification under paragraph (1) of subsection (c) of a cost increase with respect to the project.

(g) Relation to Other Law.—Notwithstanding the authority under subsections (a) through (f), the Secretary concerned shall ensure compliance of contracts for military construction projects and for the construction, improvement, and acquisition of military family housing projects with section 1341 of title 31 (commonly referred to as the "Anti-Deficiency Act").

Editorial Notes

Amendments

2022—Subsec. (c)(1)(D). Pub. L. 117–263 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "The Secretary concerned may not use the authority provided by subparagraph (A)—

"(i) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and

"(ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project."

2021—Subsec. (a). Pub. L. 117–81, §2802(b), (c)(1), inserted heading and substituted "the total authorized cost of the project" for "the amount appropriated for such project" in text.

Subsec. (b). Pub. L. 117–81, §2802(c)(2), inserted heading.

Subsec. (c). Pub. L. 117–81, §2802(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to situations where limitation on cost variations or the limitation on scope reduction did not apply.

Subsec. (c)(1). Pub. L. 116–283, §2803(b), inserted "(subject to subsection (f))" after "cost increase" in introductory provisions.

Subsec. (d). Pub. L. 117–81, §2802(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to situations where the limitation on an increase in the scope of work did not apply.

Subsec. (e). Pub. L. 117–81, §2802(c)(3), inserted heading.

Subsec. (f). Pub. L. 117–81, §2802(c)(4), inserted heading.

Subsec. (f)(1), (3). Pub. L. 116–283, §2803(a)(1), struck out "and the Comptroller General of the United States" after "congressional defense committees".

Subsec. (f)(6). Pub. L. 116–283, §2803(a)(2), struck out par. (6) which read as follows: "The Comptroller General of the United States shall review each report submitted under this subsection and validate or correct as necessary the information provided."

Subsec. (g). Pub. L. 117–81, §2802(c)(5), inserted heading.

2017—Subsec. (c)(1)(A). Pub. L. 115–91, §2801(c)(1)(A), struck out "in writing" after "committees of Congress".

Subsec. (c)(1)(B). Pub. L. 115–91, §2801(c)(1)(B), substituted "14-day period" for "period of 21 days" and struck out "or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided" after "received by the committees".

Subsec. (c)(2). Pub. L. 115–91, §2801(c)(1)(A), (C), inserted ", using an electronic medium pursuant to section 480 of this title," after "notifies" and struck out "in writing" after "committees of Congress".

Subsec. (f). Pub. L. 115–91, §2821(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 115–91, §2821(1), (3), redesignated subsec. (f) as (g) and substituted "subsections (a) through (f)" for "subsections (a) through (e)".

2016—Subsec. (a). Pub. L. 114–328, §2803(c), inserted "of this title" after "section 2805(a)".

Pub. L. 114–328, §2803(b)(1), substituted "subsection (c), (d), or (e)" for "subsection (c) or (d)".

Subsec. (b)(2). Pub. L. 114–328, §2803(a)(1), substituted "Except as provided in subsection (d), the scope of work" for "The scope of work".

Subsec. (d). Pub. L. 114–328, §2803(a)(3), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 114–328, §2803(a)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 114–328, §2803(a)(2), (b)(2), redesignated subsec. (e) as (f) and substituted "through (e)" for "through (d)".

2014—Subsec. (c)(1)(A). Pub. L. 113–291 substituted "can still be" for "can be still be".

2013—Subsec. (a). Pub. L. 112–239, §2801(1), substituted "was authorized" for "was approved originally".

Subsec. (b)(1). Pub. L. 112–239, §2801(2)(A), inserted at end "Any reduction in scope of work for a military construction project shall not result in a facility or item of infrastructure that is not complete and useable or does not fully meet the mission requirement contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition."

Subsec. (b)(3). Pub. L. 112–239, §2801(2)(B), added par. (3).

Subsec. (c)(1)(A). Pub. L. 112–239, §2801(3), substituted ", the reasons therefor, a certification that the mission requirement identified in the justification data provided to Congress can be still be met with the reduced scope, and a description" for "and the reasons therefor, including a description".

Subsec. (e). Pub. L. 112–239, §2801(4), added subsec. (e).

2011—Subsec. (a). Pub. L. 112–81 substituted "section 2805(a)" for "section 2805(a)(1)".

2009—Subsec. (b). Pub. L. 111–84, §2803(1), designated existing provisions as par. (1), substituted "may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition." for "may be reduced by not more than 25 percent from the amount approved for that project, construction, improvement, or acquisition by Congress.", and added par. (2).

Subsec. (c). Pub. L. 111–84, §2803(2), substituted "subsection (b)(1)" for "subsection (b)" in introductory provisions.

2006—Pub. L. 109–163, §2804(c)(1), substituted "Authorized cost and scope of work variations" for "Authorized cost variations" in section catchline.

Subsec. (a). Pub. L. 109–163, §2804(a)(1), substituted "may be increased or decreased by not more than 25 percent" for "may be increased by not more than 25 percent" and "if the Secretary concerned determines that such revised cost is required" for "if the Secretary concerned determines that such an increase in cost is required".

Subsec. (c). Pub. L. 109–364 substituted "if the variation in cost or reduction in the scope of work is approved by the Secretary concerned and—" for "if—" in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) to (3) which read as follows:

"(1) the variation in cost or reduction in scope is approved by the Secretary concerned;

"(2) the Secretary concerned notifies the appropriate committees of Congress in writing of the variation or reduction and the reasons therefor, including a description of the funds proposed to be used to finance any increased costs; and

"(3) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title."

Pub. L. 109–163, §2804(a)(2), (b), substituted "limitation on cost variations" for "limitation on cost increase" in introductory provisions, "the variation" for "the increase" in pars. (1) and (2), and inserted ", including a description of the funds proposed to be used to finance any increased costs" after "the reasons therefor" in par. (2).

Subsec. (d). Pub. L. 109–163, §2804(a)(3), substituted "limitation on cost variations" for "limitation on cost increases" in introductory provisions.

2004—Subsec. (c)(3). Pub. L. 108–375 inserted before period at end "or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title".

2001—Subsec. (d). Pub. L. 107–107 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The limitation on cost increases in subsection (a) does not apply to the settlement of a contractor claim under a contract."

1996—Subsec. (d). Pub. L. 104–106 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "The limitation on cost increases in subsection (a) does not apply to a within-scope modification to a contract or to the settlement of a contractor claim under a contract if the increase in cost is approved by the Secretary concerned, and the Secretary concerned promptly submits written notification of the facts relating to the proposed increase in cost to the appropriate committees of Congress."

1989—Pub. L. 101–189 amended section generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (f).

1987—Subsec. (a)(1). Pub. L. 100–180, §2312, substituted "Except as provided in paragraph (2), the total cost authorized for military construction projects at an installation (including each project the cost of which is included in such total authorized cost and is less than the minor project ceiling) may be increased by not more than 25 percent of the total amount appropriated for such projects" for "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 minor project ceiling (as defined in subsection (f))) may be increased by not more than 25 percent of the amount appropriated for the project".

Pub. L. 100–26, §7(f)(2)(A), substituted "the minor project ceiling (as defined in subsection (f))" for "the amount specified by law as the maximum amount for a minor military construction project".

Pub. L. 100–26, §7(f)(2)(B), substituted "the minor project ceiling" for "the amount specified by law as the maximum amount for a minor military construction project".

Subsec. (a)(2). Pub. L. 100–26, §7(f)(2)(B), substituted "the minor project ceiling" for "the amount specified by law as the maximum amount for a minor military construction project" in two places.

Subsec. (b). Pub. L. 100–26, §7(f)(2)(B), (C), substituted "the minor project ceiling" for "the amount specified by law as the maximum amount for a minor military construction project" and "the amount of such ceiling" for "such maximum amount" in two places.

Subsec. (c). Pub. L. 100–180, §2313, substituted "construction, improvement," for "construction".

Subsec. (e). Pub. L. 100–26, §7(f)(2)(B), substituted "the minor project ceiling" for "the amount specified by law as the maximum amount for a minor military construction project".

Subsec. (f). Pub. L. 100–26, §7(f)(2)(D), added subsec. (f).

1984—Subsec. (e). Pub. L. 98–407 inserted "is more than the amount specified by law as the maximum amount for a minor military construction project and".

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

§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 subsection (a) 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 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 after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title.

(c)(1) In using the authority described in subsection (a) to carry out a military construction project to replace a facility, including a family housing facility, that has been damaged or destroyed, the Secretary concerned may use appropriations available for operation and maintenance if—

(A) the damage or destruction to the facility was the result of a natural disaster or a terrorism incident; and

(B) the Secretary submits a notification to the appropriate committees of Congress of the decision to carry out the replacement project, and includes in the notification—

(i) the current estimate of the cost of the replacement project;

(ii) the source of funds for the replacement project;

(iii) in the case of damage to a facility rather than destruction, a certification that the replacement project is more cost-effective than repair or restoration; and

(iv) a certification that deferral of the replacement project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.

(2) A replacement project under this subsection may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title.

(3) The maximum aggregate amount that the Secretary concerned may obligate from appropriations available for operation and maintenance in any fiscal year for replacement projects under the authority of this subsection is $300,000,000.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 165; amended Pub. L. 102–190, div. B, title XXVIII, §2870(7), Dec. 5, 1991, 105 Stat. 1563; Pub. L. 108–136, div. A, title X, §1031(a)(45), Nov. 24, 2003, 117 Stat. 1602; Pub. L. 115–91, div. B, title XXVIII, §§2801(c)(2), 2805, Dec. 12, 2017, 131 Stat. 1843, 1846; Pub. L. 116–92, div. B, title XXVIII, §2803, Dec. 20, 2019, 133 Stat. 1882; Pub. L. 119–60, div. B, title XXVIII, §2813, Dec. 18, 2025, 139 Stat. 1302.)

Editorial Notes

Amendments

2025—Subsec. (c)(3). Pub. L. 119–60 substituted "$300,000,000" for "$100,000,000".

2019—Subsec. (c)(3). Pub. L. 116–92 substituted "$100,000,000" for "$50,000,000".

2017—Subsec. (b). Pub. L. 115–91, §2805(b), substituted "under subsection (a)" for "under this section".

Pub. L. 115–91, §2801(c)(2), struck out "in writing" after "shall notify" and "or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided" after "received by such committees" and substituted "14-day period" for "21-day period".

Subsec. (c). Pub. L. 115–91, §2805(a), added subsec. (c).

2003—Subsec. (b). Pub. L. 108–136 inserted before period at end "or, if earlier, the end of the seven-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title".

1991—Subsec. (b). Pub. L. 102–190 struck out "(1)" after "carried out only" and ", or (2) after each such committee has approved the project, if the committees approve the project before the end of that period" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

§2854a. Conveyance of damaged or deteriorated military family housing; use of proceeds

(a) Authority To Convey.—(1) The Secretary concerned may convey any family housing facility that, due to damage or deterioration, is in a condition that is uneconomical to repair. Any conveyance of a family housing facility under this section may include a conveyance of the real property associated with the facility conveyed.

(2) The authority of this section does not apply to family housing facilities located at military installations approved for closure under a base closure law or family housing facilities located at an installation outside the United States at which the Secretary of Defense terminates operations.

(3) The aggregate total value of the family housing facilities conveyed by the Department of Defense under the authority in this subsection in any fiscal year may not exceed $5,000,000.

(4) For purposes of this subsection, a family housing facility is in a condition that is uneconomical to repair if the cost of the necessary repairs for the facility would exceed the amount equal to 70 percent of the cost of constructing a family housing facility to replace such facility.

(b) Consideration.—(1) As consideration for the conveyance of a family housing facility under subsection (a), the person to whom the facility is conveyed shall pay the United States an amount equal to the fair market value of the facility conveyed, including any real property conveyed along with the facility.

(2) The Secretary concerned shall determine the fair market value of any family housing facility and associated real property that is conveyed under subsection (a). Such determination shall be final.

(c) Notice and Wait Requirements.—(1) The Secretary concerned may enter into an agreement to convey a family housing facility under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice containing a justification for the conveyance under the agreement.

(2) A notice under paragraph (1) shall include—

(A) an estimate of the consideration to be provided the United States under the agreement;

(B) an estimate of the cost of repairing the family housing facility to be conveyed; and

(d) Inapplicability of Certain Property Disposal Laws.—The following provisions of law do not apply to the conveyance of a family housing facility under this section:

(1) Subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(2) Title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).

(e) Use of Proceeds.—(1) The proceeds of any conveyance of a family housing facility under this section shall be credited to the appropriate fund established under section 2883 of this title and shall be available—

(A) to construct family housing units to replace the family housing facility conveyed under this section, but only to the extent that the number of units constructed with such proceeds does not exceed the number of units of military family housing of the facility conveyed;

(B) to repair or restore existing military family housing; and

(C) to reimburse the Secretary concerned for the costs incurred by the Secretary in conveying the family housing facility.

(2) Notwithstanding section 2883(d) of this title, proceeds derived from a conveyance of a family housing facility under this section shall be available under paragraph (1) without any further appropriation.

(f) Description of Property.—The exact acreage and legal description of any family housing facility conveyed under this section, including any real property associated with such facility, shall be determined by such means as the Secretary concerned considers satisfactory, including by survey in the case of real property.

(g) Additional Terms and Conditions.—The Secretary concerned may require such additional terms and conditions in connection with the conveyance of family housing facilities under this section as the Secretary considers appropriate to protect the interests of the United States.

(Added Pub. L. 104–106, div. B, title XXVIII, §2818(a)(1), Feb. 10, 1996, 110 Stat. 553; amended Pub. L. 107–107, div. A, title X, §1048(d)(1), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 107–217, §3(b)(21), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title X, §1031(a)(46), Nov. 24, 2003, 117 Stat. 1602; Pub. L. 111–350, §5(b)(49), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 115–91, div. B, title XXVIII, §2801(c)(3), Dec. 12, 2017, 131 Stat. 1843.)

Editorial Notes

References in Text

The McKinney-Vento Homeless Assistance Act, referred to in subsec. (d)(2), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Title V of the Act is classified generally to subchapter V (§11411 et seq.) of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.

Amendments

2017—Subsec. (c). Pub. L. 115–91 added subsec. (c) and struck out former subsec. (c) which set out written notice and wait requirements.

2011—Subsec. (d)(1). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".

2003—Subsec. (c)(2). Pub. L. 108–136 struck out "calendar" after "21" and inserted before period at end "or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the justification is provided in an electronic medium pursuant to section 480 of this title".

2002—Subsec. (d)(1). Pub. L. 107–217 substituted "Subtitle I of title 40 and title III of the" for "The" and "(41 U.S.C. 251 et seq.)" for "(40 U.S.C. 471 et seq.)".

2001—Subsec. (d)(2). Pub. L. 107–107 substituted "McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney Homeless Assistance Act".

§2855. Law applicable to contracts for architectural and engineering services and construction design

(a) 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 chapter 11 of title 40.

(b)(1) In the case of a contract referred to in subsection (a), if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.).

(2) The threshold amount under paragraph (1) is $1,000,000.

(3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 98–407, title VIII, §808(a), Aug. 28, 1984, 98 Stat. 1521; Pub. L. 107–217, §3(b)(22), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title XIV, §1427(a), Nov. 24, 2003, 117 Stat. 1670; Pub. L. 115–232, div. B, title XXVIII, §2804(a), (b), Aug. 13, 2018, 132 Stat. 2261.)

Editorial Notes

References in Text

The Small Business Act, referred to in subsec. (b)(1), is Pub. L. 85–536, §2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.

Amendments

2018—Subsec. (b)(1). Pub. L. 115–232, §2804(a), substituted "subsection (a)," for "subsection (a)—", struck out subpar. (B) designation before "if the Secretary", and struck out subpar. (A) which read as follows: "if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and".

Subsec. (b)(2). Pub. L. 115–232, §2804(b), substituted "threshold" for "initial threshold" and "$1,000,000" for "$300,000" and struck out last sentence which read as follows: "The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a)."

2003—Subsec. (b)(2). Pub. L. 108–136 substituted "$300,000" for "$85,000".

2002—Subsec. (a). Pub. L. 107–217 substituted "chapter 11 of title 40" for "title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)".

1984—Pub. L. 98–407 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. B, title XXVIII, §2804(c), Aug. 13, 2018, 132 Stat. 2262, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year."

Effective Date of 1984 Amendment

Pub. L. 98–407, title VIII, §808(b), Aug. 28, 1984, 98 Stat. 1522, provided that: "Subsection (b) of section 2855 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts awarded after September 30, 1984, except that the authority of the Secretary of Defense under paragraph (2) of that subsection shall apply only with respect to contracts awarded after September 30, 1985."

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

§2856. Military unaccompanied housing: standards

(a) Local Comparability in Floor Areas.—In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for purposes of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A).

(b) Floor Space and Number of Members Allowed.—In the design and configuration of covered military unaccompanied housing, the Secretary of Defense shall establish uniform design standards that—

(1) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of covered military unaccompanied housing;

(2) ensure that not more than two individuals may occupy such a unit; and

(3) provide definitions and measures that specify—

(A) criteria of design;

(B) quality of construction material to be used; and

(c) Covered Military Unaccompanied Housing.—For purposes of this section, section 2856a, and section 2856b, the term "covered military unaccompanied housing" means Government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 101–510, div. A, title XIII, §1301(19), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 109–364, div. B, title XXVIII, §2807(a)(1), Oct. 17, 2006, 120 Stat. 2468; Pub. L. 118–31, div. B, title XXVIII, §2831(a)(1), Dec. 22, 2023, 137 Stat. 753; Pub. L. 118–159, div. A, title XVII, §1701(a)(31), Dec. 23, 2024, 138 Stat. 2205.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159 substituted "subsection (b)(1)(A)." for "subsection (b)(1)(A),.".

2023—Pub. L. 118–31, §2831(a)(1)(B)–(D), designated existing provisions as subsec. (a) and inserted heading, inserted "covered" before "military unaccompanied housing" and ", except for purposes of meeting minimum area requirements under subsection (b)(1)(A)," before period at end, and added subsecs. (b) and (c).

Pub. L. 118–31, §2831(a)(1)(A), substituted "standards" for "local comparability of floor areas" in section catchline.

2006—Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, text read as follows: "The Secretary of Defense shall prescribe regulations establishing 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."

1990—Pub. L. 101–510 struck out "(a)" before "The Secretary of Defense" and struck out subsec. (b) which read as follows: "Before taking effect, any regulations under this section, and 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."

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

Improvement of Administration of Military Unaccompanied Housing

Pub. L. 119–60, div. B, title XXVIII, §2827, Dec. 18, 2025, 139 Stat. 1311, provided that:

"(a) Updated Guidance on Surveys.—The Secretary of Defense, in carrying out the satisfaction survey requirement under section 3058 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note), shall update guidance to the Secretaries of the military departments to ensure that members of the Armed Forces living in military unaccompanied housing are surveyed in a consistent and comparable manner.

"(b) Review on Processes and Methodologies for Condition Scores.—

"(1) In general.—The Secretary of Defense shall conduct a review of the processes and methodologies by which the Secretaries of the military departments calculate condition scores for military unaccompanied housing facilities under the jurisdiction of the Secretary concerned.

"(2) Elements.—The review required under paragraph (1) shall, among other factors—

"(A) consider how best to ensure a condition score of a facility reflects—

"(i) the physical condition of the facility; and

"(ii) the effect of that condition on the quality of life of members of the Armed Forces; and

"(B) aim to increase methodological consistency among the military departments.

"(3) Report.—Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under paragraph (1).

"(c) Accounting of Members Residing in Military Unaccompanied Housing.—

"(1) In general.—The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, an accounting of unaccompanied members of the Armed Forces whose rank would require that they live in military unaccompanied housing, but that also receive a basic allowance for housing under section 403 of title 37, United States Code.

"(2) Elements.—The accounting required under paragraph (1) shall include—

"(A) the number of members of the Armed Forces described in such paragraph;

"(B) the total value of basic allowance for housing payments provided to those members; and

"(C) such other information as the Secretary considers appropriate.

"(d) Centralized Tracking.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall develop a means for centralized tracking, at the service level, of all military construction requirements related to military unaccompanied housing that have been identified at the installation level, regardless of whether or not such requirements are submitted for funding.

"(e) Military Unaccompanied Housing Defined.—In this section, the term 'military unaccompanied housing' has the meaning given that term in section 2871 of title 10, United States Code."

Uniform Design Standards

Pub. L. 118–31, div. B, title XXVIII, §2831(b), (c), Dec. 22, 2023, 137 Stat. 753, 754, provided that:

"(b) Completion and Issuance of Uniform Design Standards.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall—

"(1) ensure that the uniform design standards required under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D), are completed, issued, and submitted to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; or

"(2) submit to the congressional defense committees a report—

"(A) explaining in detail why such standards are not completed and issued;

"(B) indicating when such standards are expected to be completed and issued; and

"(C) specifying the names of the personnel responsible for the failure to complete and issue such standards.

"(c) Compliance With Uniform Design Standards.—

"(1) In general.—Not later than two years after the date of the enactment of this Act, the Secretary of each military department shall ensure that all covered military unaccompanied housing located on a military installation under the jurisdiction of such Secretary complies with the uniform standards established under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D).

"(2) No waiver.—The requirement under paragraph (1) may not be waived.

"(3) Covered military unaccompanied housing defined.—In this subsection, the term 'covered military unaccompanied housing' has the meaning given in section 2856 of title 10, United States Code (as amended by subsection (a))."

§2856a. Covered military unaccompanied housing: waivers of covered privacy and configuration standards and covered health and safety standards

(a) Procedures for Issuance of Certain Waivers.—Any waiver of covered privacy and configuration standards or covered health and safety standards shall be issued in accordance with the following:

(1) A commander of a military installation desiring a waiver of covered privacy and configuration standards or covered health and safety standards shall submit to the Secretary of the military department concerned a request for such waiver.

(2) A Secretary of a military department may approve a request under paragraph (1) only if such Secretary has exhausted all options available to such Secretary to provide housing that meets covered privacy and configuration standards or covered health and safety standards (as applicable), including the—

(A) use of available privately-owned military housing;

(B) modification of unit integrity goals to allow the use of each available unit of covered military unaccompanied housing that meets covered privacy and configuration standards or covered health and safety standards (as applicable); and

(C) issuance of a certificate of nonavailability of covered military unaccompanied housing to allow eligibility for basic allowance for housing under section 403 of title 37.

(3) An official described in paragraph (1) or (2) may not delegate the respective authorities under such paragraphs.

(4) Any waiver of covered privacy and configuration standards or covered health and safety standards issued pursuant to this paragraph shall terminate on the date that is 15 months after the date on which such waiver was issued. A Secretary of a military department may not renew any such waiver.

(b) Annual Report on Waivers.—Not later than March 1, 2025, and annually thereafter not later than 15 days after the submission of the budget of the President to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General of the United States a report on waivers issued under this section that includes—

(1) the number of such waivers that were issued during the period covered by the report;

(2) a plan to remedy the deficiencies, if any, of covered military unaccompanied housing that required the issuance of such a waiver, and a timeline to implement such plan;

(3) a strategy to remedy issues, if any, caused by covered military unaccompanied housing that did not comply with applicable standards;

(4) a strategy to remedy the factors, if any, that require a commander of a military installation to submit to the applicable Secretary of a military department a request for consecutive waivers of applicable standards, including a timeline for the implementation of such strategy;

(5) an analysis of strategies to remedy the factors described in paragraph (4), including—

(A) projects to modernize existing covered military unaccompanied housing to comply with applicable standards;

(B) projects to construct new covered military unaccompanied housing; and

(6) an assessment of whether a need for future waivers has been identified;

(7) a summary of the analysis performed under subsection (a)(2), including a certification by the Secretary of each military department that the Secretary has—

(A) complied with the requirements for issuing a waiver; and

(B) identified all covered military unaccompanied housing that does not meet covered privacy and configuration standards or covered health and safety standards;

(8) information about costs associated with remediation of covered military unaccompanied housing that requires such waivers, including—

(A) funding needs for military construction projects related to such remediation;

(B) funding needs for facilities sustainment, restoration, and modernization projects related to such remediation; and

(C) any increase required to the basic allowance for housing under section 403 of title 37 for members of the armed forces that would otherwise be living in covered military unaccompanied housing but for the need for such remediation; and

(9) a description of the status of the response of the Department to open recommendations contained in the 2023 report by the Comptroller General of the United States titled "Military Barracks: Poor Living Conditions Undermine Quality of Life and Readiness" (GAO–23–105797), including any privacy and configuration standard or health and safety standard of a military department that differs from the covered privacy and configuration standards or covered health and safety standards (as applicable).

(1) The term "covered health and safety standard" means the minimum health and safety criteria applicable to covered military unaccompanied housing established by the Secretary of Defense and may include standards relating to mold, ventilation, fire safety, or other related habitability conditions necessary to ensure safe occupancy.

(2) The term "covered privacy and configuration standard" means the minimum standards for privacy and configuration applicable to covered military unaccompanied housing described in Department of Defense Manual 4165.63 titled "DoD Housing Management" and dated October 28, 2010 (or a successor document).

(Added Pub. L. 118–31, div. B, title XXVIII, §2833(b), Dec. 22, 2023, 137 Stat. 755; amended Pub. L. 118–159, div. B, title XXVIII, §2824, Dec. 23, 2024, 138 Stat. 2256; Pub. L. 119–60, div. B, title XXVIII, §2822, Dec. 18, 2025, 139 Stat. 1305.)

Editorial Notes

Codification

Pub. L. 118–31, div. B, title XXVIII, §2833(b), Dec. 22, 2023, 137 Stat. 755, which directed amendment of "Subchapter III of title 10" by adding this section after section 2856 of this title, was executed to subchapter III of chapter 169 of this title, to reflect the probable intent of Congress.

Amendments

2025—Pub. L. 119–60, §2822(a)(1), inserted "and covered health and safety standards" after "standards" in section catchline.

Subsec. (a). Pub. L. 119–60, §2822(a)(2)(A), (B), in introductory provisions, substituted "Any" for "Effective March 2, 2024, any" and inserted "or covered health and safety standards" after "covered privacy and configuration standards".

Subsec. (a)(1). Pub. L. 119–60, §2822(a)(2)(C)(ii), substituted "covered privacy and configuration standards or covered health and safety standards" for "covered habitability standards".

Pub. L. 119–60, §2822(a)(2)(C)(i), which directed the insertion of "or covered health and safety standards" after "covered privacy and configuration standards" could not be executed because "covered privacy and configuration standards" does not appear in text.

Subsec. (a)(2). Pub. L. 119–60, §2822(b), substituted "paragraph (1)" for "subparagraph (A)" in introductory provisions.

Pub. L. 119–60, §2822(a)(2)(D), inserted "or covered health and safety standards (as applicable)" after "covered privacy and configuration standards" in introductory provisions and in subpar. (B).

Subsec. (a)(4). Pub. L. 119–60, §2822(a)(2)(E), inserted "or covered health and safety standards" after "covered privacy and configuration standards".

Subsec. (b)(2). Pub. L. 119–60, §2822(a)(3)(B), inserted ", and a timeline to implement such plan" after "waiver".

Subsec. (b)(3), (4), (5)(A). Pub. L. 119–60, §2822(a)(3)(A), substituted "applicable standards" for "such uniform standards".

Subsec. (b)(6) to (9). Pub. L. 119–60, §2822(a)(3)(C)–(E), added pars. (6) to (9).

Subsec. (c). Pub. L. 119–60, §2822(a)(4), amended subsec. (c) generally. Prior to amendment, subsec. (c) defined "covered privacy and configuration standard".

2024—Subsec. (a)(4). Pub. L. 118–159 substituted "15 months" for "9 months".

Statutory Notes and Related Subsidiaries

Revisions to Rules, Guidance, or Other Issuances

Pub. L. 118–31, div. B, title XXVIII, §2833(d), Dec. 22, 2023, 137 Stat. 757, provided that: "Not later than 120 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense and Secretaries of the military departments shall revise any rule, guidance, or other issuance of the Department of Defense and the military departments under the respective jurisdictions of such Secretaries to include the procedures for the issuance of waivers of covered privacy and configuration standards [see section 2833(f) of Pub. L. 118–31, set out as a note below] pursuant to section 2856a of title 10, United States Code (as added by subsection (a))."

Termination of Existing Waivers of Covered Privacy and Configuration Standards

Pub. L. 118–31, div. B, title XXVIII, §2833(a), Dec. 22, 2023, 137 Stat. 755, provided that: "Any waiver of covered privacy and configuration standards [see section 2833(f) of Pub. L. 118–31, set out as a note below] in effect on or before the date of the enactment of this Act [Dec. 22, 2023] shall terminate on March 1, 2024."

Covered Privacy and Configuration Standard

Pub. L. 118–31, div. B, title XXVIII, §2833(f), Dec. 22, 2023, 137 Stat. 757, provided that: "The term 'covered privacy and configuration standard' has the meaning given in section 2856a of title 10, United States Code (as added by subsection (a))."

Definitions

For definition of "covered military unaccompanied housing" as used in this section, see section 2856(c) of this title.

§2856b. Covered military unaccompanied housing: standards for habitability

(a) Standards Required.—For the purposes of assigning a member of the armed forces to a unit of covered military unaccompanied housing, the Secretary of Defense shall establish uniform minimum standards for covered military unaccompanied housing, that shall include minimum requirements for—

(1) condition;

(2) habitability, health, and environmental comfort;

(3) safety and security; and

(4) any other element the Secretary of Defense determines appropriate.

(b) Limitation on Issuance of Waivers.—Any waiver of a uniform standard described in subsection (a) may only be issued by a Secretary of a military department.

(c) Certification.—The Secretary of Defense shall include, in conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31, a certification from each Secretary of a military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied covered military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63 titled "DoD Housing Management" and dated October 28, 2010 (or a successor document).

(Added and amended Pub. L. 118–31, div. B, title XXVIII, §§2832(a), 2834, Dec. 22, 2023, 137 Stat. 754, 757.)

Editorial Notes

Codification

Pub. L. 118–31, div. B, title XXVIII, §2832(a), Dec. 22, 2023, 137 Stat. 754, which directed amendment of "Subchapter III of title 10" by adding this section after section 2856a of this title, was executed to subchapter III of chapter 169 of this title, to reflect the probable intent of Congress.

Amendments

2023—Subsec. (c). Pub. L. 118–31, §2834, added subsec. (c).

Statutory Notes and Related Subsidiaries

Guidance

Pub. L. 118–31, div. B, title XXVIII, §2832(b), Dec. 22, 2023, 137 Stat. 754, provided that: "Not later than 30 days after the date on which the Secretary of Defense develops the uniform standards under section 2856b of title 10, United States Code (as added by subsection (a)), the Secretary of Defense shall issue to each Secretary of a military department guidance on such uniform standards."

Definitions

For definition of "covered military unaccompanied housing" as used in this section, see section 2856(c) of this title.

§2857. Window fall prevention devices in military family housing units

(a) Requiring Use of Devices on Certain Windows.—

(1) Requirement.—The Secretary concerned shall ensure that if a window in any military family housing unit is described in subsection (c), including a window designed for emergency escape or rescue, the window is equipped with fall prevention devices described in paragraph (3).

(2) Effective date.—Paragraph (1) shall apply with respect to the following military family housing units:

(A) A unit for which the contract for the construction of the unit is first entered into after October 1, 2019.

(B) Any other unit which is subject to a whole-house renovation project for which the contract is entered into on or after October 1, 2019.

(3) Fall prevention device described.—A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090–13 (or any successor standard).

(b) Retrofitting or Replacing Existing Windows.—

(1) Program to retrofit existing windows.—The Secretary concerned shall carry out a program under which, in military family housing units which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (3) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.

(2) Grants.—The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.

(3) Use of operations funding.—The Secretary may carry out the program under this subsection during a fiscal year with amounts made available to the Secretary for family housing operations for such fiscal year.

(c) Windows Described.—A window is described in this subsection if the bottom sill of the window is within 42 inches of the floor, as measured in the interior of the unit, and is more than 72 inches above the ground, as measured on the exterior grade of the building.

(d) Record of Incidents; Annual Report.—The Secretary concerned shall keep a record of each incident (as defined in Department of Defense Instruction 6055.7 series) in which a minor child is injured or killed as the result of an unintentional window fall in a military family housing unit. Not later than 90 days after the end of each calendar year (beginning with 2017), the Secretary of Defense shall submit a report to the Committees on Armed Services of the House of Representatives and Senate on all such window falls occurring in the previous year.

(e) Applicability to All Military Family Housing.—This section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.

(Added Pub. L. 115–91, div. B, title XXVIII, §2817(a)(1), Dec. 12, 2017, 131 Stat. 1851, §2879; amended Pub. L. 115–232, div. A, title X, §1081(a)(28), div. B, title XXVIII, §2823(a), Aug. 13, 2018, 132 Stat. 1985, 2269; Pub. L. 116–92, div. A, title XVII, §1731(a)(57), div. B, title XXX, §3034, Dec. 20, 2019, 133 Stat. 1815, 1936; renumbered §2857 and amended Pub. L. 117–81, div. B, title XXVIII, §2812(a), (b), Dec. 27, 2021, 135 Stat. 2191.)

Editorial Notes

Prior Provisions

A prior section 2857 was renumbered section 2915 of this title.

Amendments

2021—Pub. L. 117–81, §2812(a), renumbered section 2879 of this title as this section and transferred it to appear after section 2856 of this title.

Subsec. (a)(1). Pub. L. 117–81, §2812(b)(1), struck out "acquired or constructed under this chapter" after "housing unit".

Subsec. (b)(1). Pub. L. 117–81, §2812(b)(2), struck out "acquired or constructed under this chapter" after "housing units".

Subsec. (e). Pub. L. 117–81, §2812(b)(3), added subsec. (e).

2019—Subsec. (a)(1). Pub. L. 116–92, §3034(a)(1), substituted "described in paragraph (3)" for "that protect against unintentional window falls by young children and that are in compliance with applicable International Building Code (IBC) standards".

Subsec. (a)(2)(A). Pub. L. 116–92, §3034(a)(2)(A), substituted "October 1, 2019" for "December 11, 2017".

Pub. L. 116–92, §1731(a)(57), struck out comma before period at end.

Subsec. (a)(2)(B). Pub. L. 116–92, §3034(a)(2)(B), substituted "October 1, 2019" for "September 1, 2018".

Subsec. (a)(3). Pub. L. 116–92, §3034(a)(3), added par. (3).

Subsec. (b)(1). Pub. L. 116–92, §3034(c), substituted "paragraph (3)" for "paragraph (1)".

Subsec. (c). Pub. L. 116–92, §3034(b), substituted "42 inches" for "24 inches".

2018—Subsec. (a)(1). Pub. L. 115–232, §2823(a)(1), substituted "subsection (c)" for "subsection (b)".

Subsec. (a)(2)(A). Pub. L. 115–232, §1081(a)(28), substituted "after December 11, 2017," for "on or after the date of the enactment of this section".

Subsecs. (b) to (d). Pub. L. 115–232, §2823(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. B, title XXVIII, §2823(b), Aug. 13, 2018, 132 Stat. 2269, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2019 and each succeeding fiscal year."

§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.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 167.)

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

[§2859. Repealed. Pub. L. 119–60, div. B, title XXVIII, §2848(a), Dec. 18, 2025, 139 Stat. 1319]

Section, added Pub. L. 108–375, div. B, title XXVIII, §2804(a)(1), Oct. 28, 2004, 118 Stat. 2121; amended Pub. L. 109–364, div. B, title XXVIII, §2808(a), (b)(1), Oct. 17, 2006, 120 Stat. 2469; Pub. L. 112–239, div. A, title X, §1081(2), Jan. 2, 2013, 126 Stat. 1960; Pub. L. 113–66, div. B, title XXVIII, §2803(a), Dec. 26, 2013, 127 Stat. 1006; Pub. L. 115–91, div. A, title X, §1051(a)(22), Dec. 12, 2017, 131 Stat. 1562, related to construction requirements pertaining to antiterrorism and force protection or urban-training operations.

§2860. Availability of appropriations

Funds appropriated to a military department or to the Secretary of Defense for a fiscal year for military construction or military family housing purposes may remain available for obligation beyond such fiscal year to the extent provided in appropriation Acts.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 167; amended Pub. L. 99–167, title VIII, §812(a), Dec. 3, 1985, 99 Stat. 991; Pub. L. 99–173, §121(b), Dec. 10, 1985, 99 Stat. 1029; Pub. L. 99–661, div. A, title XIII, §1343(a)(21)(A), Nov. 14, 1986, 100 Stat. 3994.)

Editorial Notes

Amendments

1986—Pub. L. 99–661 substituted "to the Secretary of Defense" for "defense agency", inserted "for obligation" after "remains available", and struck out "the" before "appropriation Acts".

1985—Pub. L. 99–173 substituted "Availability of appropriations" for "Availability of appropriations for five years" as section catchline, and amended text generally. Prior to amendment, text read as follows: "Subject to the provisions of appropriation Acts, 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."

Pub. L. 99–167 struck out subsection designation "(a)" and "and except as otherwise provided under subsection (b)" after "provisions of appropriation Acts", and struck out subsec. (b) which provided: "Should a requirement develop to obligate funds for a military 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."

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendments

Pub. L. 99–173, §121(c), Dec. 10, 1985, 99 Stat. 1029, provided that: "The amendment made by subsection (b) [amending this section] shall apply to funds appropriated after the date of the enactment of Public Law 99–103 [Sept. 30, 1985]."

Pub. L. 99–167, title VIII, §812(b), Dec. 3, 1985, 99 Stat. 991, provided that: "The amendments made by subsection (a) [amending this section] shall apply to funds appropriated after September 30, 1985."

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

Availability of Appropriations for Five Years

Pub. L. 109–114, title I, §117, Nov. 30, 2005, 119 Stat. 2378, which provided that any funds made available to a military department or defense agency for the construction of military projects could 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 made available, if the funds obligated for such project: (1) were obligated from funds available for military construction projects; and (2) did not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law, was from the Military Construction, Military Quality of Life and Veterans Affairs Appropriations Act, 2006 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:

Pub. L. 108–324, div. A, §117, Oct. 13, 2004, 118 Stat. 1227.

Pub. L. 108–132, §117, Nov. 22, 2003, 117 Stat. 1380.

Pub. L. 107–249, §117, Oct. 23, 2002, 116 Stat. 1583.

Pub. L. 107–64, §117, Nov. 5, 2001, 115 Stat. 479.

Pub. L. 106–246, div. A, §117, July 13, 2000, 114 Stat. 516.

Pub. L. 106–52, §117, Aug. 17, 1999, 113 Stat. 264.

Pub. L. 105–237, §117, Sept. 20, 1998, 112 Stat. 1558.

Pub. L. 105–45, §117, Sept. 30, 1997, 111 Stat. 1147.

Pub. L. 104–196, §117, Sept. 16, 1996, 110 Stat. 2391.

Pub. L. 104–32, §117, Oct. 3, 1995, 109 Stat. 289.

Pub. L. 103–307, §118, Aug. 23, 1994, 108 Stat. 1664.

Pub. L. 103–110, §118, Oct. 21, 1993, 107 Stat. 1043.

Pub. L. 102–380, §119, Oct. 5, 1992, 106 Stat. 1371.

Pub. L. 102–136, §119, Oct. 25, 1991, 105 Stat. 643.

Pub. L. 101–519, §119, Nov. 5, 1990, 104 Stat. 2246.

Pub. L. 101–148, §121, Nov. 10, 1989, 103 Stat. 925.

Pub. L. 100–447, §124, Sept. 27, 1988, 102 Stat. 1835.

Transfer of Funds for Foreign Currency Fluctuations

Pub. L. 108–132, §118, Nov. 22, 2003, 117 Stat. 1380, which provided that during the 5-year period after appropriations available to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations would not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations could be transferred into the appropriation "Foreign Currency Fluctuations, Construction, Defense" to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred, was from the Military Construction Appropriations Act, 2005 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:

Pub. L. 107–249, §118, Oct. 23, 2002, 116 Stat. 1584.

Pub. L. 107–64, §118, Nov. 5, 2001, 115 Stat. 480.

Pub. L. 106–246, div. A, §118, July 13, 2000, 114 Stat. 516.

Pub. L. 106–52, §118, Aug. 17, 1999, 113 Stat. 264.

Pub. L. 105–237, §118, Sept. 20, 1998, 112 Stat. 1559.

Pub. L. 105–45, §118, Sept. 30, 1997, 111 Stat. 1147.

Pub. L. 104–196, §118, Sept. 16, 1996, 110 Stat. 2392.

Pub. L. 104–32, §118, Oct. 3, 1995, 109 Stat. 289.

Pub. L. 103–307, §119, Aug. 23, 1994, 108 Stat. 1665.

Pub. L. 103–110, §120, Oct. 21, 1993, 107 Stat. 1043.

Pub. L. 102–380, §121, Oct. 5, 1992, 106 Stat. 1372.

Pub. L. 102–136, §122, Oct. 25, 1991, 105 Stat. 643.

Pub. L. 99–500, §101(k) [title I, §121], Oct. 18, 1986, 100 Stat. 1783–287, 1783-293, and Pub. L. 99–591, §101(k) [title I, §121], Oct. 30, 1986, 100 Stat. 3341–287, 3341-293, as amended by Pub. L. 102–136, §122, Oct. 25, 1991, 105 Stat. 643, provided that: "For Transfer by the Secretary of Defense to and from appropriations and funds not merged pursuant to subsection 1552(a)(1) of title 31 of the United States Code and available for obligation or expenditure during fiscal year 1987 or thereafter, for military construction or expenses of family housing for the military departments and Defense agencies, in order to maintain the budgeted level of operations for such appropriations and thereby eliminate substantial gains and losses to such appropriations caused by fluctuations in foreign currency exchange rates that vary substantially from those used in preparing budget submissions, an appropriation, to remain available until expended: Provided, That funds transferred from this appropriation shall be merged with and be available for the same purpose, and for the same time period, as the appropriation or fund to which transferred, and funds transferred to this appropriation shall be merged with, and available for the purpose of this appropriation until expended: Provided further, That transfers may be made from time to time from this appropriation to the extent the Secretary of Defense determines it may be necessary to do so to reflect downward fluctuations in the currency exchange rates from those used in preparing the budget submissions for such appropriations, but transfers shall be made from such appropriations to this appropriation to reflect upward fluctuations in currency exchange rates to prevent substantial net gains in such appropriations: Provided further, That authorizations or limitations now or hereafter contained within appropriations or other provisions of law limiting the amounts that may be obligated or expended for military construction and family housing expenses are hereby increased to the extent necessary to reflect downward fluctuations in foreign currency exchange rates from those used in preparing the applicable budget submission: Provided further, That for the purposes of the appropriation 'Foreign Currency Fluctuations, Construction, Defense' the foreign currency rates used in preparing budget submissions shall be the foreign currency exchange rates as adjusted or modified, as reflected in applicable Committee reports on the Acts making appropriations for military construction for the Department of Defense: Provided further, That the Secretary of Defense shall provide an annual report to the Congress on all transfers made to or made from this appropriation: Provided further, That contracts or other obligations entered into payable in foreign currencies may be recorded as obligations based on the currency exchange rates used in preparing budget submissions and adjustments to reflect fluctuations in such rates may be recorded as disbursements are made: Provided further, That, at the discretion of the Secretary of Defense, any savings generated in the military construction and family housing programs may be transferred to this appropriation."

§2861. Military construction projects in connection with industrial facility investment program

(a) Authority.—The Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of carrying out activities under section 2474(a)(2) of this title, using funds appropriated or otherwise made available for that purpose in military construction accounts.

(b) Crediting of Funds to Capital Budget.—Funds appropriated or otherwise made available in a fiscal year for the purpose of carrying out a military construction project with respect to a covered depot (as defined in subsection (f) of section 2476 of this title) may be credited to the amount required by subsection (a)(1) of such section to be invested in the capital budgets of the covered depots in that fiscal year.

(c) Notice and Wait Requirement.—When a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify the appropriate committees of Congress of that decision and the savings estimated to be realized from the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title.

(Added Pub. L. 109–364, div. B, title XXVIII, §2809(a), Oct. 17, 2006, 120 Stat. 2470; amended Pub. L. 115–91, div. A, title X, §1051(a)(23), div. B, title XXVIII, §2801(c)(4), Dec. 12, 2017, 131 Stat. 1562, 1844; Pub. L. 117–263, div. A, title III, §374(b)(2), Dec. 23, 2022, 136 Stat. 2542.)

Editorial Notes

Prior Provisions

A prior section 2861, added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 167; amended Pub. L. 100–26, §7(f)(1), (j)(9), Apr. 21, 1987, 101 Stat. 281, 283; Pub. L. 104–106, div. B, title XXVIII, §2811(b), Feb. 10, 1996, 110 Stat. 552; Pub. L. 104–201, div. B, title XXVIII, §2802(d)(1), Sept. 23, 1996, 110 Stat. 2787, required the Secretary of Defense to submit an annual report to the appropriate committees of Congress with respect to military construction activities and military family housing activities, prior to repeal by Pub. L. 107–107, div. B, title XXVIII, §2803(a), Dec. 28, 2001, 115 Stat. 1305.

Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted "subsection (f) of section 2476" for "subsection (e) of section 2476" and "subsection (a)(1) of such section" for "subsection (a) of such section".

2017—Subsec. (c). Pub. L. 115–91, §2801(c)(4), struck out "in writing" after "shall notify" and "or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided" after "received by such committees" and substituted "14-day period" for "21-day period".

Subsec. (d). Pub. L. 115–91, §1051(a)(23), struck out subsec. (d). Text read as follows: "Not later than December 31 of each year, the Secretary shall submit to Congress a report describing actions taken under this section and the savings realized from such actions during the fiscal year ending in the year in which the report is submitted."

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–263 applicable with respect to fiscal years beginning on or after Oct. 1, 2023, see section 374(c) of Pub. L. 117–263, set out as a note under section 2476 of this title.

§2862. Turn-key selection procedures

(a) Authority to Use for Certain Purposes.—The Secretary concerned may use one-step turn-key selection procedures for the purpose of entering into a contract for any of the following purposes:

(1) The construction of an authorized military construction project.

(2) A repair project (as defined in section 2811(e) of this title) with an approved cost equal to or less than $4,000,000.¹

(3) The construction of a facility as part of an authorized security assistance activity.

(b) Definitions.—In this section:

(1) The term "one-step turn-key selection procedures" means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary concerned.

(2) The term "security assistance activity" means—

(A) humanitarian and civic assistance authorized by sections 401 and 2561 of this title;

(B) foreign disaster assistance authorized by section 404 of this title;

(D) foreign assistance authorized under sections 607 and 632 of the Foreign Assistance Act of 1961 (22 U.S.C. 2357, 2392); and

(E) other international security assistance specifically authorized by law.

(Added Pub. L. 99–167, title VIII, §807(a), Dec. 3, 1985, 99 Stat. 988; amended Pub. L. 100–26, §7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–180, div. B, subdiv. 3, title I, §2301, Dec. 4, 1987, 101 Stat. 1214; Pub. L. 101–189, div. B, title XXVIII, §2806, Nov. 29, 1989, 103 Stat. 1647; Pub. L. 102–190, div. B, title XXVIII, §2802, Dec. 5, 1991, 105 Stat. 1537; Pub. L. 113–291, div. B, title XXVIII, §2804, Dec. 19, 2014, 128 Stat. 3697.)

Editorial Notes

Amendments

2014—Pub. L. 113–291 amended section generally. Prior to amendment, text read as follows:

"(a) Authority to Use.—The Secretary concerned may use one-step turn-key selection procedures for the purpose of entering into contracts for the construction of authorized military construction projects.

"(b) Definition.—In this section, the term 'one-step turn-key selection procedures' means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary concerned."

1991—Pub. L. 102–190 redesignated par. (1) of subsec. (a) as entire subsec. (a) and inserted heading, redesignated par. (2) of subsec. (a) as (b), inserted heading, and struck out former subsecs. (b) and (c) which read as follows:

"(b) The Secretary of Defense, with respect to any Defense Agency, or the Secretary of a military department may not, during any fiscal year, enter into more than three contracts for military construction projects using procedures authorized by this section.

"(c) The authority under this section shall expire on October 1, 1991."

1989—Subsec. (a)(1). Pub. L. 101–189, §2806(1), struck out at end "Such procedures may be used by the Secretary of a military department only with the approval of the Secretary of Defense."

Subsec. (c). Pub. L. 101–189, §2806(2), substituted "1991" for "1990".

1987—Subsec. (a)(1). Pub. L. 100–180, §2301(1), substituted "The Secretary concerned" for "The Secretaries of the military departments, with the approval of the Secretary of Defense," and inserted provision at end that such procedures may be used by the Secretary of a military department only with the approval of the Secretary of Defense.

Subsec. (a)(2). Pub. L. 100–26 inserted "the term" after "In this section,".

Subsec. (b). Pub. L. 100–180, §2301(2), inserted "Secretary of Defense, with respect to any Defense Agency, or the" after "The".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 99–167, title VIII, §807(c), Dec. 3, 1985, 99 Stat. 989, provided that: "The amendments made by this section [enacting this section] shall take effect on October 1, 1986."

Temporary Expansion of Authority for Use of One-Step Turn-Key Procedures for Repair Projects

Pub. L. 118–31, div. B, title XXVIII, §2806, Dec. 22, 2023, 137 Stat. 745, provided that: "During the five-year period beginning on the date of the enactment of this Act [Dec. 22, 2023], section 2862(a)(2) of title 10, United States Code, shall be applied and administered by substituting '$8,000,000' for '$4,000,000'."

¹ See Temporary Expansion of Authority for Use of One-Step Turn-Key Procedures for Repair Projects note below.

§2863. Payment of contractor claims

Notwithstanding any other provision of law, the Secretary concerned may pay meritorious contractor claims that arise under military construction contracts or family housing contracts. The Secretary of Defense, with respect to a Defense Agency, or the Secretary of a military department may use for such purpose any unobligated funds appropriated to such department and available for military construction or family housing construction, as the case may be.

(Added Pub. L. 100–180, div. B, subdiv. 3, title I, §2303(a), Dec. 4, 1987, 101 Stat. 1215.)

§2864. Master plans for major military installations

(a) Plans Required.—(1) At a time interval prescribed by the Secretary concerned (but not less frequently than once every 10 years), the commander of each major military installation under the jurisdiction of the Secretary shall ensure that an installation master plan is developed to address environmental planning, sustainable design and development, sustainable range planning, real property master planning, military installation resilience, and transportation planning.

(2) To address the requirements under paragraph (1), each installation master plan shall include consideration of—

(A) planning for compact and infill development;

(B) horizontal and vertical mixed-use development;

(D) capacity planning through the establishment of growth boundaries around cantonment areas to focus development towards the core and preserve range and training space; and

(E) energy and climate resiliency efforts and military installation resilience.

(3)(A) The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1).

(B) The consultation required by subparagraph (A) is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation.

(b) Transportation Component.—(1) The transportation component of the master plan for a major military installation shall be developed and updated in consultation with the metropolitan planning organization designated for the metropolitan planning area in which the military installation is located.

(2) To address the requirements under subsection (a) and paragraph (1), each installation master plan shall include consideration of ways to diversify and connect transit systems.

(c) Military Installation Resilience Component.—To address military installation resilience under subsection (a)(1), each installation master plan shall discuss the following:

(1) Risks and threats to military installation resilience that exist at the time of the development of the plan and that are projected for the future, including from extreme weather events, mean sea level fluctuation, wildfires, flooding, and other changes in environmental conditions.

(2) Assets or infrastructure located on the military installation vulnerable to the risks and threats described in paragraph (1), with a special emphasis on assets or infrastructure critical to the mission of the installation and the mission of members of the armed forces.

(3) Lessons learned from the impacts of extreme weather events, including changes made to the military installation to address such impacts, since the prior master plan developed under this section.

(4) Ongoing or planned infrastructure projects or other measures, as of the time of the development of the plan, to mitigate the impacts of the risks and threats described in paragraph (1).

(5) Community infrastructure and resources located outside the installation (such as medical facilities, transportation systems, and energy infrastructure) that are—

(A) necessary to maintain mission capability or that impact the resilience of the military installation; and

(B) vulnerable to the risks and threats described in paragraph (1).

(6) Agreements in effect or planned, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).

(7) Extent of current coordination efforts and plans for additional coordination, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).

(8) Projections from recognized governmental and scientific entities such as the Census Bureau, the National Academies of Sciences, the United States Geological Survey, and the United States Global Change Research Office (or any similar successor entities) with respect to future risks and threats (including the risks and threats described in paragraph (1)) to the resilience of any project considered in the installation master plan during the 50-year lifespan of the installation.

(d) Report.—Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report listing all master plans completed pursuant to this section in the prior calendar year.

(e) Definitions.—In this section:

(1) The term "major military installation" has the meaning given to the term "large site" in the most recent version of the Department of Defense Base Structure Report issued before the time interval prescribed for development of installation master plans arises under subsection (a).

(2) The terms "metropolitan planning area" and "metropolitan planning organization" have the meanings given those terms in section 134(b) of title 23 and section 5303(b) of title 49.

(3) The term "energy and climate resiliency" means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to, and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.

(4) The term "military installation resilience" has the meaning given that term in section 101(e) ¹ of this title.

(Added Pub. L. 112–239, div. B, title XXVIII, §2802(a), Jan. 2, 2013, 126 Stat. 2147; amended Pub. L. 113–66, div. B, title XXVIII, §2811, Dec. 26, 2013, 127 Stat. 1013; Pub. L. 115–232, div. B, title XXVIII, §2805(d), Aug. 13, 2018, 132 Stat. 2263; Pub. L. 116–92, div. B, title XXVIII, §2801(a), Dec. 20, 2019, 133 Stat. 1879; Pub. L. 117–81, div. B, title XXVIII, §§2831, 2832, Dec. 27, 2021, 135 Stat. 2198; Pub. L. 118–31, div. A, title XVIII, §1801(a)(23), Dec. 22, 2023, 137 Stat. 684; Pub. L. 119–60, div. B, title XXVIII, §2848(b), Dec. 18, 2025, 139 Stat. 1319.)

Editorial Notes

References in Text

Section 101(e) of this title, referred to in subsec. (e)(4), was redesignated section 101(f) of this title, and a new subsec. (e) of section 101 was added, by Pub. L. 118–31, div. A, title XVII, §1713(a), Dec. 22, 2023, 137 Stat. 625.

Prior Provisions

A prior section 2864, added Pub. L. 101–189, div. B, title XXVIII, §2807(a), Nov. 29, 1989, 103 Stat. 1648; amended Pub. L. 104–106, div. A, title X, §1062(g), Feb. 10, 1996, 110 Stat. 444, related to military construction contracts on Guam, prior to repeal by Pub. L. 109–364, div. B, title XXVIII, §2810(a), Oct. 17, 2006, 120 Stat. 2470.

Amendments

2025—Subsecs. (e), (f). Pub. L. 119–60 redesignated subsec. (f) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: "Nothing in this section shall supersede the requirements of section 2859(a) of this title."

2023—Subsec. (f)(4), (6). Pub. L. 118–31 redesignated par. (6) as (4).

2021—Subsec. (a)(2)(E). Pub. L. 117–81, §2832(a), inserted "and military installation resilience" before period at end.

Subsec. (a)(3). Pub. L. 117–81, §2831, added par. (3).

Subsec. (c)(7), (8). Pub. L. 117–81, §2832(b), added par. (7) and redesignated former par. (7) as (8).

Subsec. (f)(6). Pub. L. 117–81, §2832(c), added par. (6).

2019—Subsec. (a)(1). Pub. L. 116–92, §2801(a)(1)(A), inserted "military installation resilience," after "master planning,".

Subsec. (c). Pub. L. 116–92, §2801(a)(1)(C), added subsec. (c). Former subsec. (c) redesignated (e).

Subsec. (d). Pub. L. 116–92, §2801(a)(2), added subsec. (d). Former subsec. (d) redesignated (f).

Subsecs. (e), (f). Pub. L. 116–92, §2801(a)(1)(B), redesignated subsecs. (c) and (d) as (e) and (f), respectively.

2018—Subsec. (a)(2)(E). Pub. L. 115–232, §2805(d)(1), added subpar. (E).

Subsec. (d)(3). Pub. L. 115–232, §2805(d)(2), added par. (3).

2013—Subsec. (a). Pub. L. 113–66, §2811(1), designated existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 113–66, §2811(2), designated existing provisions as par. (1) and added par. (2).

Subsecs. (c), (d). Pub. L. 113–66, §2811(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Interagency Regional Coordinator for Resilience Pilot Project

Pub. L. 117–263, div. B, title XXVIII, §2872, Dec. 23, 2022, 136 Stat. 3014, provided that:

"(a) Pilot Project.—The Secretary of Defense shall carry out a pilot program under which the Secretary shall establish within the Department of Defense four Interagency Regional Coordinators. Each Interagency Regional Coordinator shall be responsible for improving the resilience of a community that supports a military installation and serving as a model for enhancing community resilience before disaster strikes.

"(b) Selection.—Each Interagency Regional Coordinator shall support military installations and surrounding communities within a geographic area, with at least one such Coordinator serving each of the East, West, and Gulf coasts. For purposes of the project, the Secretary shall select geographic areas—

"(1) with significant sea level rise and recurrent flooding that prevents members of the Armed Forces from reaching their posts or jeopardizes military readiness; and

"(2) where communities have collaborated on multi-jurisdictional climate adaptation planning efforts, including such collaboration with the Army Corps of Engineers Civil Works Department and through Joint Land Use Studies.

"(c) Collaboration.—In carrying out the pilot project, the Secretary shall build on existing efforts through collaboration with State and local entities, including emergency management, transportation, planning, housing, community development, natural resource managers, and governing bodies and with the heads of appropriate Federal departments and agencies."

Strategic Decisions Relating to Military Installations; Implications of Military Installation Resilience for Strategy; Plans and Planning Documents; Definitions

Pub. L. 117–81, div. A, title III, §311(d)–(g), (j), Dec. 27, 2021, 135 Stat. 1626, 1627, provided that:

"(d) Strategic Decisions Relating to Military Installations.—The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the strategic risks associated with military installation resilience.

"(e) National Defense Strategy and National Military Strategy.—The Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy.

"(f) National Security Planning Documents.—The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under section 113(g)(2) of title 10, United States Code, the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes.

"(g) Campaign Plans of Combatant Commands.—The Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands.

"(j) Definitions.—In this section [transferring section 118a of this title to section 118b of this title, amending sections 113, 153, and 2925 of this title, enacting provisions set out as notes under this section and section 2925 of this title, and amending provisions set out as a note under section 118b of this title]:

"(1) The term 'military installation resilience' has the meaning given that term in section 101(e) of title 10, United States Code [now 10 U.S.C. 101(f)].

"(2) The term 'National Defense Strategy' means the national defense strategy under section 113(g)(1) of such title.

"(3) The term 'National Military Strategy' means the national military strategy under section 153(b) of such title."

Prompt Completion of Military Installation Resilience Component of Master Plans for At-Risk Major Military Installations

Pub. L. 117–81, div. B, title XXVIII, §2833, Dec. 27, 2021, 135 Stat. 2199, provided that:

"(a) Identification of At-Risk Installations.—Not later than 30 days after the date of the enactment of this Act [Dec. 27, 2021], each Secretary of a military department shall—

"(1) identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and

"(2) notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1).

"(b) Completion Deadline.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection (a) is completed.

"(c) Briefings.—Not later than 60 days after completion of a master plan component as required by subsection (b) for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation.

"(d) Definitions.—In this section:

"(1) The term 'major military installation' has the meaning given that term in section 2864(f) [now 2864(e)] of title 10, United States Code.

"(2) The term 'master plan' means the master plan required by section 2864(a) of title 10, United States Code, for a major military installation."

Removal of Barriers That Discourage Investments To Increase Military Installation Resilience

Pub. L. 116–92, div. A, title III, §327, Dec. 20, 2019, 133 Stat. 1311, provided that:

"(a) In General.—The Secretary of Defense shall—

"(1) identify and seek to remove barriers that discourage investments to increase military installation resilience;

"(2) reform policies and programs that unintentionally increased the vulnerability of systems to related extreme weather events; and

"(3) develop, and update at least once every four years, an adaptation plan to assess how climate impacts affected the ability of the Department of Defense to accomplish its mission, and the short-and long- term actions the Department can take to ensure military installation resilience.

"(b) Military Installation Resilience.—In this section, the term 'military installation resilience' has the meaning given such term in section 101(e)(8) of title 10, United States Code [now 10 U.S.C. 101(f)(8)]."

Incorporation of Changing Environmental Condition Projections in Military Construction Designs and Modifications

Pub. L. 115–232, div. B, title XXVIII, §2805(c), Aug. 13, 2018, 132 Stat. 2262, as amended by Pub. L. 116–92, div. A, title XVII, §1731(b)(4), div. B, title XXVII, §2804(c), Dec. 20, 2019, 133 Stat. 1816, 1882, provided that:

"(1) Fiscal year 2019.—Not later than 30 days after the date of the enactment of this Act [Aug. 13, 2018], the Secretary of Defense shall amend section 3–5.6.2.3 of Unified Facilities Criteria (UFC) 1-200-01 and UFC 1-200-02 (or any similar successor regulations) to provide that in order to anticipate changing environmental conditions during the design life of existing or planned new facilities and infrastructure, projections from reliable and authorized sources such as the Census Bureau (for population projections), the National Academies of Sciences (for land use change projections and climate projections), the U.S. Geological Survey (for land use change projections), and the U.S. Global Change Research Office and National Climate Assessment (for climate projections) shall be considered and incorporated into military construction designs and modifications.

"(2) Fiscal year 2020.—

"(A) Amendments required.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 [Dec. 20, 2019], the Secretary of Defense shall amend the Unified Facilities Criteria as follows:

"(i) To require that installations of the Department of Defense assess the risks from extreme weather and related effects, and develop plans to address such risks.

"(ii) To require in the development of such Criteria the use of—

"(I) land use change projections through the use of land use and land cover modeling by the United States Geological Survey; and

"(II) weather projections—

"(aa) from the United States Global Change Research Program, including in the National Climate Assessment; or

"(bb) from the National Oceanic and Atmospheric Administration, if such projections are more up-to-date than projections under item (aa).

"(iii) To require the Secretary of Defense to provide guidance to project designers and master planners on how to use weather projections.

"(iv) To require the use throughout the Department of the Naval Facilities Engineering Command Climate Change Installation Adaptation and Resilience planning handbook, as amended (or similar publication of the Army Corps of Engineers).

"(B) Notification.—If the Secretary of Defense determines that a projection other than a projection described in subparagraph (A)(ii) is more appropriate for use in amending the Unified Facilities Criteria, the Secretary shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of such determination, which shall include the rationale underlying such determination and a description of such other projection."

[Section 1731(b)(4) of Pub. L. 116–92, which directed amendment of section 2805(c) of Pub. L. 115–232, set out above, by substituting "Unified Facilities Criteria" for "United Facilities Criteria", was not executed in light of the amendment by section 2804(c)(2) of Pub. L. 116–92, which substituted "Unified Facilities Criteria (UFC) 1-200-01 and UFC 1-200-02" for "United Facilities Criteria (UFC) 2–100–01 and UFC 2–100–02".]

¹ See References in Text note below.

§2865. Work in Process Curve charts and outlay tables for military construction projects

Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31, United States Code, the Secretary of Defense and the Secretaries of the military departments shall include for any military construction project over $90,000,000, as an addendum to be included within the same document as the 1391s for the Military Construction Program budget documentation, a Project Spending Plan that includes—

(1) a Work in Process Curve chart to identify funding, obligations, and outlay figures; and

(2) a monthly outlay table for funding, obligations, and outlay figures.

(Added Pub. L. 115–232, div. B, title XXVIII, §2806(a)(1), Aug. 13, 2018, 132 Stat. 2264.)

Editorial Notes

Prior Provisions

Statutory Notes and Related Subsidiaries

Department of Defense Guidance

Pub. L. 115–232, div. B, title XXVIII, §2806(b), Aug. 13, 2018, 132 Stat. 2264, provided that: "The Secretary of Defense shall, in coordination with the Under Secretary of Defense (Comptroller), update Department of Defense Financial Management Regulation 7000.14–R, and any other appropriate instructions and guidance, to ensure that the Department of Defense takes appropriate actions to comply with section 2865 of title 10, United States Code, as added by this section."

§2866. Water conservation at military installations

(a) Water Conservation Activities.—(1) The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by a utility for the management of water demand or for water conservation.

(2) The Secretary of Defense may authorize a military installation to accept a financial incentive (including an agreement to reduce the amount of a future water bill), goods, or services generally available from a utility, for the purpose of adopting technologies and practices that—

(A) relate to the management of water demand or to water conservation; and

(B) as determined by the Secretary, are cost effective for the Federal Government.

(3) Subject to paragraph (4), the Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into an agreement with a utility to design and implement a cost-effective program that provides incentives for the management of water demand and for water conservation and that addresses the requirements and circumstances of the installation. Activities under the program may include the provision of water management services, the alteration of a facility, and the installation and maintenance by the utility of a water-saving device or technology.

(4)(A) If an agreement under paragraph (3) provides for a utility to pay in advance the financing costs for the design or implementation of a program referred to in that paragraph and for such advance payment to be repaid by the United States, the cost of such advance payment may be recovered by the utility under terms that are not less favorable than the terms applicable to the most favored customer of the utility.

(B) Subject to the availability of appropriations, a repayment of an advance payment under subparagraph (A) shall be made from funds available to a military department for the purchase of utility services.

(C) An agreement under paragraph (3) shall provide that title to a water-saving device or technology installed at a military installation pursuant to the agreement shall vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States.

(b) Use of Financial Incentives and Water Cost Savings.—(1) Financial incentives received from utilities for management of water demand or water conservation under subsection (a)(2) shall be credited to an appropriation designated by the Secretary of Defense. Amounts so credited shall be merged with the appropriation to which credited and shall be available for the same purposes and the same period as the appropriation with which merged.

(2) Water cost savings realized under subsection (a)(3) shall be used as follows:

(A) One-half of the amount shall be used for water conservation activities at such buildings, facilities, or installations of the Department of Defense as may be designated (in accordance with regulations prescribed by the Secretary of Defense) by the head of the department, agency, or instrumentality that realized the water cost savings.

(B) One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for—

(i) improvements to existing military family housing units;

(ii) any unspecified minor construction project that will enhance the quality of life of personnel; or

(iii) any morale, welfare, or recreation facility or service.

(c) Water Conservation Construction Projects.—(1) The Secretary of Defense may carry out a military construction project for water conservation, not previously authorized, using funds appropriated or otherwise made available to the Secretary for water conservation.

(2) When a decision is made to carry out a project under paragraph (1), the Secretary of Defense shall notify the appropriate committees of Congress of that decision. Such project may be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title.

(Added Pub. L. 103–160, div. B, title XXVIII, §2803(a), Nov. 30, 1993, 107 Stat. 1884; amended Pub. L. 104–106, div. A, title XV, §1502(a)(27), Feb. 10, 1996, 110 Stat. 506; Pub. L. 105–85, div. B, title XXVIII, §2804(b), Nov. 18, 1997, 111 Stat. 1991; Pub. L. 108–136, div. A, title X, §1031(a)(48), Nov. 24, 2003, 117 Stat. 1602; Pub. L. 109–364, div. B, title XXVIII, §2851(d), Oct. 17, 2006, 120 Stat. 2495; Pub. L. 113–291, div. A, title X, §1071(f)(25), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 115–91, div. A, title X, §1051(a)(24), div. B, title XXVIII, §2801(c)(5), Dec. 12, 2017, 131 Stat. 1562, 1844.)

Editorial Notes

Amendments

2017—Subsec. (b)(3). Pub. L. 115–91, §1051(a)(24), struck out par. (3) which read as follows: "The Secretary of Defense shall include in the budget material submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31 a separate statement of the amounts available for obligation under this subsection in that fiscal year."

Subsec. (c)(2). Pub. L. 115–91, §2801(c)(5), substituted "14-day period" for "21-day period" and struck out "or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided" after "received by such committees".

2014—Subsec. (a)(4)(A). Pub. L. 113–291 substituted "repaid" for "repayed".

2006—Subsec. (b). Pub. L. 109–364 reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

"(1) Financial incentives received under subsection (a)(2) shall be used as provided in section 2865(b)(3) of this title.

"(2) Water cost savings realized under subsection (a)(3) shall be used as provided in section 2865(b)(2) of this title."

2003—Subsec. (c)(2). Pub. L. 108–136 inserted before period at end "or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title".

1997—Subsec. (b). Pub. L. 105–85 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

"(b) Use of Water Cost Savings.—Water cost savings realized under this section shall be used as provided in section 2865(b)(2) of this title."

1996—Subsec. (c)(2). Pub. L. 104–106 substituted "appropriate committees of Congress" for "Committees on Armed Services and Appropriations of the Senate and House of Representatives".

Statutory Notes and Related Subsidiaries

Improving Water Management and Security on Military Installations

Pub. L. 116–283, div. B, title XXVIII, §2827, Jan. 1, 2021, 134 Stat. 4336, which related to adoption of a risk-based approach to water management and security for military installations, was repealed by Pub. L. 119–60, div. B, title XXVIII, §2804(b), Dec. 18, 2025, 139 Stat. 1297. See section 2866a of this title.

Establishment of Targets for Water Use

Pub. L. 116–92, div. A, title III, §319(c), Dec. 20, 2019, 133 Stat. 1306, provided that: "The Secretary of Defense shall, where life-cycle cost-effective, improve water use efficiency and management by the Department of Defense, including storm water management, by—

"(1) installing water meters and collecting and using water balance data of buildings and facilities to improve water conservation and management;

"(2) reducing industrial, landscaping, and agricultural water consumption in gallons by two percent annually through fiscal year 2030 relative to a baseline of such consumption by the Department in fiscal year 2010; and

"(3) installing appropriate sustainable infrastructure features on installations of the Department to help with storm water and wastewater management."

§2866a. Risk-based approach to water management and water security at military installations

(a) In General.—(1) The Secretary of Defense shall adopt a risk-based approach to water management and water security for each military installation.

(2) In implementing paragraph (1), the Secretary shall prioritize those military installations that the Secretary determines—

(A) are experiencing the greatest risks to water management and water security; and

(B) face, or potentially face, the most severe adverse effects on mission assurance because of such risks.

(3) Determinations under paragraph (2) shall be made on the basis of the water management and water security assessments made by the Secretary concerned under subsection (b).

(b) Water Management and Water Security Assessments.—(1) The Secretary of Defense, in coordination with each Secretary of a military department, shall develop a methodology to assess, for each military installation—

(A) risks to water management and water security; and

(B) adverse effects on mission assurance because of such risks.

(2) Such methodology shall include the following:

(A) An evaluation of all water sources available to a military installation, disaggregated by—

(i) total available water volume;

(ii) treated potable water; and

(iii) treated nonpotable water.

(B) An assessment of relevant water supply connections for a military installation, including the number, type, water flow rate, seasonal variability, and the extent of competition for each such connection.

(i) includes an identification of the water usage by each tenant command located on the military installation; and

(ii) describes the water uses that comprise such total water requirement, disaggregated by—

(I) drinking water uses; and

(II) nonpotable water uses, including—

(aa) cooling;

(bb) irrigation groundskeeping;

(cc) wash water; and

(dd) other industrial and agricultural uses.

(D) An evaluation of the age, condition, and jurisdictional control of water infrastructure serving a military installation, including an estimate of the percentage of water lost due to water infrastructure that is in poor or failing condition.

(E) An evaluation of water security risks that could have an adverse effect on mission assurance for a military installation, including—

(i) if the military installation is located in a drought-prone region;

(ii) decreasing water levels or sources that supply water to the military installation;

(iii) effects of new defense water uses on the total water requirement of the military installation; and

(iv) increases to the demand for water that result from nondefense or defense-adjacent requirements and that could affect—

(I) the supply of water available for use by the military installation;

(II) the quality of such water; and

(III) any legal rights to use of such water by the military installation, such as water rights disputes.

(F) An evaluation of the capacity of the water supply of a military installation to withstand or quickly recover from water constraints, and the overall health of the aquifer basin of which the water supply is a part, including the robustness of the resource, redundancy, and ability to recover from disruption.

(G) An evaluation of existing water metering and water consumption at a military installation, disaggregated—

(i) by type of activity, including training, maintenance, medical, housing, and grounds maintenance and landscaping; and

(ii) by fluctuations in consumption, including peak consumption by quarter.

(H) A determination of the appropriate frequency for reassessment of military installations with the highest water security risk.

(3) The Secretary of Defense, in coordination with each Secretary of a military department, shall update the methodology under paragraph (1) not less frequently than once every ten years.

(c) Reassessment of Water Security Risk.—The Secretary of Defense shall update assessments of the military installations with the highest water security risk not less frequently than as determined under subsection (b)(2)(H).

(d) Mitigation of Highest Water Security Risk Installations.—(1) Each Secretary of a military department shall—

(A) identify the three military installations under the jurisdiction of the Secretary with the highest water security risk; and

(B) develop, for each military installation identified, a plan of action and milestones to address—

(i) risks to water security; and

(ii) adverse effects on mission assurance because of such risks.

(2) Each such plan of action shall include the following:

(A) A description of each risk and the effect on the capacity of the military installation and mission assurance.

(B) A list of the factors contributing to the risk, disaggregated by risks originating from—

(i) the geographic area under the control of the military installation; and

(ii) the geographic area not under the control of the military installation.

(C) A plan for implementing installation-level water metering to ensure more accurate assessments of demand for water at the military installation.

(D) An assessment of—

(i) the effects of planned future missions and tenant commands on the demand for water at the military installation; and

(ii) the corresponding requirements for water infrastructure serving the military installation.

(E) A list of infrastructure projects to mitigate loss of available water supply to leakage, including new construction, recapitalization, required maintenance, and modernization of existing infrastructure.

(F) A cost-benefit analysis of using "no dig" technologies to mitigate infrastructure degradation that leads to water loss.

(e) Evaluation of Installations for Nonpotable Water Reuse.—(1) The Secretary of Defense shall evaluate each military installation identified under subsection (d) to determine the potential to mitigate risks to water security for such installation through the reuse of nonpotable water for nondrinking water uses.

(2) Such evaluation shall include the following:

(A) An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as nonpotable water.

(B) An assessment of the feasibility of incorporating, when practicable, water-efficient technologies and systems to minimize water consumption and wastewater discharge on the installation.

(C) An evaluation of the practicality of implementing water reuse systems and other water-saving infrastructure into new construction in water-constrained areas, as determined pursuant to the applicable water management and security assessment under subsection (b).

(f) Cost Effective Landscaping Management Practices.—(1) The Secretary of Defense shall, to the maximum extent practicable, implement, at each military installation identified under subsection (d), landscaping management practices that mitigate risks to water management and water security and enhance mission assurance by enabling greater quantities of water availability for operational, training, and maintenance requirements.

(2) For military installations located in arid or semi-arid regions, such landscaping management practices shall, to the extent practicable, include practices that avoid the cost of irrigation.

(3) To the extent practicable, each Secretary of a military department shall institute landscaping management practices that include plants native to, or appropriate for, the region in which the installation is located and native grass and plants that decrease water consumption requirements.

(g) Briefings Required.—(1) Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes—

(A) an identification, in ranked order, of the military installations identified under subsection (d) with the highest water security risk; and

(B) a description of the schedule for developing each plan of action required by subsection (d).

(2) Not later than one year after the date of the enactment of this section, and annually thereafter not later than the date of President's budget for a fiscal year under section 1105 of title 31, the Secretary of Defense shall provide to the Committees of the Armed Services of the House of Representatives and the Senate a briefing that includes, with respect to the period covered by the briefing—

(A) an update on the progress of the Secretary concerned toward completing the water security assessment required by subsection (b);

(B) updated cost estimates for infrastructure projects to mitigate loss of available water supply to leakage identified pursuant to subsection (d)(1)(E); ¹ and

(i) any agreement between a Secretary of a military department and the head of a non-Department of Defense entity with respect to property under the jurisdiction of such Secretary that may affect—

(I) the supply of water available to a military installation under the jurisdiction of such Secretary; or

(II) the demand for water of such installation; and

(ii) any change to—

(I) the water supply of a military installation under the jurisdiction such Secretary; or

(II) the demand for water of such military installation.

(h) Rule of Construction.—Nothing in this section shall be construed to require the repetition or replacement of any prior water assessment or evaluation conducted before the date of the enactment of section 2827 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 118–159; 10 U.S.C. 2866 note) ² that is accurate and reflects current mission requirements.

(Added Pub. L. 119–60, div. B, title XXVIII, §2804(a), Dec. 18, 2025, 139 Stat. 1294.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 119–60, which was approved on Dec. 18, 2025.

Section 2827 of the Military Construction Authorization Act for Fiscal Year 2021, referred to in subsec. (h), is section 2827 of div. B of Pub. L. 116–283, which was formerly set out as a note under section 2866 of this title, prior to repeal by Pub. L. 119–60, div. B, title XXVIII, §2804(b), Dec. 18, 2025, 139 Stat. 1297.

¹ So in original. Probably should be "subsection (d)(2)(E);".

² See References in Text note below.

§2867. Energy monitoring and utility control system specification for military construction and military family housing activities

(a) Adoption of Department-wide, Open Protocol, Energy Monitoring and Utility Control System Specification.—(1) The Secretary of Defense shall adopt an open protocol energy monitoring and utility control system specification for use throughout the Department of Defense in connection with a military construction project, military family housing activity, or other activity under this chapter for the purpose of monitoring and controlling, with respect to the project or activity, the items specified in paragraph (2) with the goal of establishing installation-wide energy monitoring and utility control systems.

(2) The energy monitoring and utility control system specification required by paragraph (1) shall cover the following:

(A) Utilities and energy usage, including electricity, gas, steam, and water usage.

(B) Indoor environments, including temperature and humidity levels.

(D) Central plant equipment.

(E) Renewable energy generation systems.

(F) Lighting systems.

(G) Power distribution networks.

(b) Exclusion.—(1) The energy monitoring and utility control system specification required by subsection (a) is not required to apply to projects carried out under the authority provided in subchapter IV of chapter 169 of this title.

(2) The Secretary concerned may waive the application of the energy monitoring and utility control system specification required by subsection (a) with respect to a specific military construction project, military family housing activity, or other activity under this chapter if the Secretary determines that the application of the specification to the project or activity is not life cycle cost-effective. The Secretary concerned shall notify the congressional defense committees of any waiver granted under this paragraph.

(Added Pub. L. 111–84, div. B, title XXVIII, §2841(a)(1), Oct. 28, 2009, 123 Stat. 2679.)

Editorial Notes

Prior Provisions

A prior section 2867 was renumbered section 2916 of this title.

Statutory Notes and Related Subsidiaries

Suspension of Resident Energy Conservation Program and Related Programs for Privatized Military Housing

Pub. L. 116–92, div. B, title XXX, §3063, Dec. 20, 2019, 133 Stat. 1947, as amended by Pub. L. 116–283, div. B, title XXVIII, §2811(j), Jan. 1, 2021, 134 Stat. 4326, provided that:

"(a) Suspension Required.—The Secretary of Defense shall suspend the initiative of the Department of Defense known as the Resident Energy Conservation Program and instruct the Secretary of each military department to suspend any program carried out by such Secretary that measures the energy usage for individual units of privatized military housing on installations of the Department of Defense.

"(b) Term of Suspension.—Subject to subsection (c), the suspension required by subsection (a) shall remain in effect for an installation of the Department of Defense until the Secretary of Defense certifies to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that 100 percent of the privatized military housing covered by a program suspended under subsection (a) on the installation is individually metered to each respective unit of privatized military housing and the meter accurately measures the energy usage of the unit.

"(c) Termination.—If the Secretary of Defense is unable to make the certification required by subsection (b) for an installation of the Department of Defense before the end of the two-year period beginning on the date of the enactment of this Act [Dec. 20, 2019], each program suspended pursuant to subsection (a) at that installation shall terminate at the end of such period."

[For definition of "privatized military housing" as used in section 3063 of Pub. L. 116–92, set out above, see section 3001(a) of Pub. L. 116–92, set out as a note under section 2821 of this title.]

Deadline for Adoption

Pub. L. 111–84, div. B, title XXVIII, §2841(a)(3), Oct. 28, 2009, 123 Stat. 2680, provided that: "The Secretary of Defense shall adopt the open protocol energy monitoring and utility control system specification required by section 2867 of title 10, United States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this Act [Oct. 28, 2009]."

§2868. Utility services: furnishing for certain buildings

Appropriations for the Department of Defense may be used for utility services for buildings constructed at private cost, as authorized by law.

(Added Pub. L. 100–370, §1(j)(1), July 19, 1988, 102 Stat. 848, §2490; renumbered §2868, Pub. L. 105–85, div. A, title III, §371(b)(2), Nov. 18, 1997, 111 Stat. 1705; amended Pub. L. 108–375, div. A, title VI, §651(e)(2), Oct. 28, 2004, 118 Stat. 1972.)

Historical and Revision Notes

Section is based on Pub. L. 99–190, §101(b) [title VIII, §8006(b)], Dec. 19, 1985, 99 Stat. 1185.

In two instances, the source section for provisions to be codified provides that defense appropriations may be used for "welfare and recreation" or "welfare and recreational" purposes. (Section 735 of Public Law 98–212 and section 8006(b) of Public Law 99–190, to be codified as 10 U.S.C. 2241(a)(1) and 2490(2), respectively). The committee added the term "morale" in both of these two instances to conform to the usual "MWR" usage for morale, welfare, and recreation activities.

Editorial Notes

Amendments

2004—Pub. L. 108–375 substituted "for buildings constructed at private cost, as authorized by law." for "for—

"(1) buildings constructed at private cost, as authorized by law; and

"(2) buildings on military reservations authorized by regulation to be used for morale, welfare, and recreational purposes."

1997—Pub. L. 105–85 renumbered section 2490 of this title as this section.

§2869. Exchange of property at military installations

(a) Exchange Authorized.—(1) The Secretary concerned may enter into an agreement to convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the person in and to a parcel of real property, including any improvements thereon under the person's control, or to carry out a land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations.

(2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned—

(A) that is located on a military installation that is closed or realigned under a base closure law; or

(B) that is located on a military installation not covered by subparagraph (A) and for which the Secretary concerned makes a determination that the conveyance under paragraph (1) is advantageous to the United States.

(3)(A) The Secretary of Defense shall establish a pilot program under which the Secretary concerned, during the term of the pilot program, may use the authority provided by paragraph (1) to also convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to provide—

(i) installation-support services (as defined in section 2679(f) of this title); or

(ii) a new facility or improvements to an existing facility.

(B) The acquisition of a facility or improvements to an existing facility using the authority provided by subparagraph (A) shall not be treated as a military construction project for which an authorization is required by section 2802 of this title.

(C) The expanded conveyance authority provided by subparagraph (A) applies only during the eight-year period beginning on the date on which the Secretary of Defense issues guidance regarding the use by the Secretaries concerned of such authority.

(b) Conditions on Conveyance Authority.—(1) The fair market value of the real property, installation-support services, or facility or improvements to an existing facility obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values.

(2) In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Secretary concerned under subsection (a) may exceed the fair market value of the land to be obtained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zoning actions taken by such political subdivision to limit encroachment on a military installation, but only if the notice required by subsection (d)(2) contains—

(A) a certification by the Secretary concerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and

(B) a description of the military value to be obtained.

(3) The Secretary concerned may agree to accept a facility or improvements to an existing facility under subsection (a)(3) only if the Secretary concerned determines that the facility or improvements—

(A) are completed and usable, fully functional, and ready for occupancy;

(B) satisfy all operational requirements; and

(C) meet all Federal, State, and local requirements applicable to the facility relating to health, safety, and the environment.

(c) Limitation on Use of Conveyance Authority at Installations Closed Under Base Closure Laws.—The authority under subsection (a)(2)(A) to convey property located on a military installation may only be used to the extent the conveyance is consistent with an approved redevelopment plan for such installation.

(d) Advance Notice of Use of Authority.—(1) Notice of the proposed use of the conveyance authority provided by subsection (a) shall be provided in such manner as the Secretary of Defense may prescribe, including publication in the Federal Register and otherwise. When real property located at a military installation is proposed for conveyance by means of a public sale, the Secretary concerned may notify prospective purchasers that consideration for the property may be provided in the manner authorized by such subsection.

(2) The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—

(A) the Secretary submits to Congress notice of the conveyance, including—

(i) a description of the real property to be conveyed by the Secretary under the agreement;

(ii) a description of the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and

(iii) the amount of any payment to be made under subsection (b) or under section 2684a(d) ¹ of this title to equalize the fair market values of the property to be conveyed and the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and

(B) the waiting period applicable to that notice under paragraph (3) expires.

(3) If the notice submitted under paragraph (2) deals with the conveyance of real property located on a military installation that is closed or realigned under a base closure law or the conveyance of real property under an agreement entered into under section 2684a of this title, the Secretary concerned may enter into the agreement under subsection (a) for the conveyance of the property after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title. In the case of other real property to be conveyed under subsection (a), the Secretary concerned may enter into the agreement only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title.

(e) Deposit and Use of Funds.—The Secretary concerned shall deposit funds received under subsection (b) in the appropriation "Foreign Currency Fluctuations, Construction, Defense". The funds deposited shall be available, in such amounts as provided in appropriation Acts, for the purpose of paying increased costs of overseas military construction and family housing construction or improvement associated with unfavorable fluctuations in currency exchange rates. The use of such funds for this purpose does not relieve the Secretary concerned from the duty to provide advance notice to Congress under section 2853(c) of this title whenever the Secretary approves an increase in the cost of an overseas project under such section.

(f) Description of Property.—The exact acreage and legal description of real property conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary concerned.

(g) Additional Terms and Conditions.—The Secretary concerned may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

(Added Pub. L. 108–136, div. B, title XXVIII, §2805(a)(1), Nov. 24, 2003, 117 Stat. 1719; amended Pub. L. 109–364, div. B, title XXVIII, §2811(a)–(f)(1), Oct. 17, 2006, 120 Stat. 2471–2473; Pub. L. 111–84, div. B, title XXVIII, §2804(a)–(d)(1), Oct. 28, 2009, 123 Stat. 2661, 2662; Pub. L. 112–81, div. B, title XXVIII, §2815(a), (b), Dec. 31, 2011, 125 Stat. 1688, 1689; Pub. L. 112–239, div. B, title XXVIII, §2811, Jan. 2, 2013, 126 Stat. 2150; Pub. L. 115–91, div. B, title XXVIII, §§2801(c)(6), 2815, 2816, Dec. 12, 2017, 131 Stat. 1844, 1850; Pub. L. 116–283, div. B, title XXVIII, §2862(a), (b), Jan. 1, 2021, 134 Stat. 4357; Pub. L. 118–159, div. B, title XXVIII, §2851, Dec. 23, 2024, 138 Stat. 2269.)

References in Text

Section 2684a(d) of this title, referred to in subsec. (d)(2)(A)(iii), was redesignated section 2684a(e) of this title by Pub. L. 118–31, div. A, title III, §314(1), Dec. 22, 2023, 137 Stat. 216.

Editorial Notes

Amendments

2024—Subsec. (a)(3)(A)(i). Pub. L. 118–159, §2851(b), substituted "section 2679(f)" for "2679(e)".

Subsec. (a)(3)(C). Pub. L. 118–159, §2851(a), substituted "eight-year period" for "five-year period".

2021—Subsec. (a)(3). Pub. L. 116–283, §2862(a), added par. (3).

Subsec. (b)(1). Pub. L. 116–283, §2862(b)(1), substituted "of the real property, installation-support services, or facility or improvements to an existing facility" for "of the land to be" and "of the real property conveyed by the Secretary concerned exceeds the fair market value of the real property, installation-support services, or facility or improvements received by the Secretary" for "of the land is less than the fair market value of the real property to be conveyed".

Subsec. (b)(3). Pub. L. 116–283, §2862(b)(2), added par. (3).

2017—Subsec. (a)(2). Pub. L. 115–91, §2815, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned that—

"(A) is located on a military installation that is closed or realigned under a base closure law; or

"(B) is located on a military installation not covered by subparagraph (A) and is determined to be excess to the needs of the Department of Defense."

Subsec. (b). Pub. L. 115–91, §2816, amended subsec. (b) generally. Prior to amendment, text read as follows: "The fair market value of the land to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values."

Subsec. (d)(3). Pub. L. 115–91, §2801(c)(6), substituted "after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title." for "after a period of 21 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the notice is provided in an electronic medium pursuant to section 480 of this title." and "only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title." for "only after a period of 60 days has elapsed from the date of receipt of the notice or, if over sooner, a period of 45 days has elapsed from the date on which the electronic copy is provided."

2013—Subsec. (a)(1). Pub. L. 112–239 substituted "any person" for "any eligible entity", "the person" for "the entity", and "the person's control" for "their control".

2011—Pub. L. 112–81, §2815(a)(1), substituted "Exchange of property at military installations" for "Conveyance of property at military installations to limit encroachment" in section catchline.

Subsec. (a). Pub. L. 112–81, §2815(a)(2)(A), substituted "Exchange Authorized" for "Conveyance Authorized; Consideration" in heading.

Subsec. (a)(1). Pub. L. 112–81, §2815(a)(2)(B), substituted "to any eligible entity who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the entity in and to a parcel of real property, including any improvements thereon under their control, or to carry out a land acquisition" for "to any person who agrees, in exchange for the real property, to carry out a land acquisition".

Subsecs. (f) to (h). Pub. L. 112–81, §2815(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f), which provided that authority to enter into an agreement under this section would expire on September 30, 2013.

2009—Pub. L. 111–84, §2804(d)(1), amended section catchline generally. Prior to amendment, catchline read as follows: "Conveyance of property at military installations to support military construction or limit encroachment".

Subsec. (a)(1). Pub. L. 111–84, §2804(a)(1)(A), struck out subpar. (A) designation before "to carry out", substituted "real property," for "real property—", " to carry out a land acquisition" for "to carry out a military construction project or land acquisition", and a period for "; or", and struck out subpar. (B) which read as follows: "to transfer to the Secretary concerned housing that is constructed or provided by the person and located at or near a military installation at which there is a shortage of suitable military family housing, military unaccompanied housing, or both."

Subsec. (a)(3). Pub. L. 111–84, §2804(a)(1)(B), struck out par. (3) which read as follows: "Subparagraph (B) of paragraph (2) shall apply only during the period beginning on the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007 and ending on September 30, 2008. Any conveyance of real property described in such subparagraph for which the Secretary concerned has provided the advance public notice required by subsection (d)(1) before the expiration date may be completed after that date."

Subsec. (b). Pub. L. 111–84, §2804(a)(2), substituted "fair market value of the land" for "fair market value of the military construction, military family housing, or military unaccompanied housing" in two places.

Subsec. (c). Pub. L. 111–84, §2804(a)(3), added subsec. (c) and struck out former subsec. (c) which related to pilot program for use of conveyance authority.

Subsec. (d)(2)(A)(ii), (iii). Pub. L. 111–84, §2804(a)(4), substituted "land acquisition" for "military construction project, land acquisition, military family housing, or military unaccompanied housing".

Subsec. (e). Pub. L. 111–84, §2804(b), designated par. (3) as entire subsec., substituted "The Secretary concerned shall deposit funds received under subsection (b) in the appropriation 'Foreign Currency Fluctuations, Construction, Defense'. The funds deposited shall be available" for "The funds deposited under paragraph (2) shall be available", and struck out pars. (1) and (2), which read as follows:

"(1) Except as provided in paragraph (2), the Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title.

"(2) During the period specified in paragraph (3) of subsection (a), the Secretary concerned shall deposit funds received under subsection (b) in the appropriation 'Foreign Currency Fluctuations, Construction, Defense'."

Subsec. (f). Pub. L. 111–84, §2804(c), amended subsec. (f) generally. Prior to amendment, subsec. (f) related to annual reports on conveyances and effect of failure to submit report.

2006—Pub. L. 109–364, §2811(f)(1), substituted "to support military construction or limit encroachment" for "closed or realigned to support military construction" in section catchline.

Subsec. (a). Pub. L. 109–364, §2811(a), (b), designated existing provisions as par. (1), in introductory provisions substituted "described in paragraph (2)" for "located on a military installation that is closed or realigned under a base closure law", redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A) substituted "land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations" for "land acquisition", and added pars. (2) and (3).

Subsec. (d)(1). Pub. L. 109–364, §2811(c)(1), substituted "is proposed for conveyance" for "closed or realigned under the base closure laws is to be conveyed".

Subsec. (d)(2), (3). Pub. L. 109–364, §2811(c)(2), added pars. (2) and (3) and struck out former par. (2) which read as follows: "The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—

"(A) the Secretary submits to Congress notice of the conveyance, including the military construction activities, military family housing, or military unaccompanied housing to be obtained in exchange for the conveyance; and

"(B) a period of 14 days expires beginning on the date on which the notice is submitted."

Subsec. (e). Pub. L. 109–364, §2811(d), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary concerned may deposit funds received under subsection (b) in the Department of Defense housing funds established under section 2883(a) of this title."

Subsec. (f). Pub. L. 109–364, §2811(e), in heading substituted "Annual Reports; Effect of Failure to Submit" for "Annual Report", designated existing provisions as par. (1), in introductory provisions substituted "Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report detailing the following:" for "In the budget materials submitted to Congress in connection with the submission of the budget for a fiscal year pursuant to section 1105 of title 31, the Secretary of Defense shall include a report detailing the following:", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, in subpar. (C) inserted "and of excess real property at military installations" before period at end, and added par. (2).

Statutory Notes and Related Subsidiaries

Issuance of Guidance

Pub. L. 116–283, div. B, title XXVIII, §2862(c), Jan. 1, 2021, 134 Stat. 4358, provided that: "Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall issue guidance providing for the implementation of the pilot program required by section 2869(a)(3) of title 10, United States Code, as added by this section."

¹ See References in Text note below.

[§2870. Repealed. Pub. L. 116–283, div. A, title VIII, §818(a), Jan. 1, 2021, 134 Stat. 3751]

Section, added Pub. L. 116–92, div. A, title VIII, §865(a)(1), Dec. 20, 2019, 133 Stat. 1523, related to use of qualified apprentices by military construction contractors.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title VIII, §865(b), Dec. 20, 2019, 133 Stat. 1524, which provided that the amendments made by section 865 of Pub. L. 116–92 (enacting this section) would apply with respect to contracts awarded on or after 180 days after Dec. 20, 2019, was repealed by Pub. L. 116–283, div. A, title VIII, §818(b)(2), Jan. 1, 2021, 134 Stat. 3751.