10 U.S.C. § 2831

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2831 - Military family housing management account

(a) ESTABLISHMENT.-There is on the books of the Treasury an account known as the Department of Defense Military Family Housing Management Account (hereinafter in this section referred to as the "account"). The account shall be used for the management and administration of funds appropriated or otherwise made available to the Department of Defense for military family housing programs.

(b) CREDITS TO ACCOUNT.-The account shall be administered as a single account. There shall be transferred into the account-

(1) appropriations made for the purpose of, or which are available for, the payment of costs arising in connection with the construction, acquisition, leasing, relocation, operation and maintenance, and disposal of military family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c)¹ of the National Housing Act (12 U.S.C. 1715m(c));

(2) proceeds from the rental of family housing and mobile home facilities under the control of a military department, reimbursements from the occupants of such facilities for services rendered (including utility costs), funds obtained from individuals as a result of losses, damages, or destruction to such facilities caused by the abuse or negligence of such individuals, and reimbursements from other Government agencies for expenditures from the account; and

(3) proceeds of the handling and the disposal of family housing of a military department (including related land and improvements), whether carried out by a military department or any other Federal agency, but less those expenses payable pursuant to section 572(a) of title 40.

(c) AVAILABILITY OF AMOUNTS IN ACCOUNT.-Amounts in the account shall remain available until spent.

(d) USE OF ACCOUNT.-The Secretary concerned may make obligations against the account, in such amounts as may be specified from time to time in appropriation Acts, for the purpose of defraying, in the manner and to the extent authorized by law, the costs referred to in subsection (b).

(e) NOTICE AND WAIT REQUIREMENT.-The Secretary concerned may not carry out a maintenance or repair project for a family housing unit used, or intended for use, as quarters for a general officer or flag officer if the project will or may result in the total operation, maintenance, and repair costs for the unit for the fiscal year to exceed $35,000, until 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 justification of the need for the maintenance or repair project, including an estimate of the cost of the project.

¹See References in Text note below.

10 U.S.C. § 2831

Added Pub. L. 97-214, §2(a), July 12, 1982, 96 Stat. 162; amended Pub. L. 107-217, §3(b) (19), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108-375, div. B, title XXVIII, §2802(a), (b), Oct. 28, 2004, 118 Stat. 2119, 2120; Pub. L. 109-364, div. A, title X, §1071(a)(26), div. B, title XXVIII, §2805, Oct. 17, 2006, 120 Stat. 2399, 2467; Pub. L. 115-91, div. A, title X, §1051(a)(21), div. B, title XXVIII, §2801(b)(4), Dec. 12, 2017, 131 Stat. 1561, 1843.

EDITORIAL NOTES

REFERENCES IN TEXTSection 222(c) of the National Housing Act (12 U.S.C. 1715m(c)), referred to in subsec. (b)(1), was repealed by Pub. L. 110-289, div. B, title I, §2120(a)(5), July 30, 2008, 122 Stat. 2835.

AMENDMENTS2017-Subsec. (e). Pub. L. 115-91, §2801(b)(4), substituted "until 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 justification of the need for the maintenance or repair project, including an estimate of the cost of the project." for "until-"(1) the Secretary concerned submits to the congressional defense committees, in writing, a justification of the need for the maintenance or repair project and an estimate of the cost of the project; and"(2) a period of 21 days has expired following the date on which the justification and estimate are received by the committees or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification and estimate are provided in an electronic medium pursuant to section 480 of this title." Pub. L. 115-91, §1051(a) (21)(C), substituted "The Secretary" for "(1) Except as provided in paragraphs (2) and (3), the Secretary", redesignated subpars. (A) and (B) of par. (1) as pars. (1) and (2), respectively, and struck out former pars. (2) and (3) which read as follows:"(2) The project justification and cost estimate required by paragraph (1)(A) may be submitted after the commencement of a maintenance or repair project for a family housing unit used, or intended for use, as quarters for a general officer or flag officer if the project is a necessary environmental remediation project for the unit or is necessary for occupant safety or security, and the need for the project arose after the submission of the most recent report under subsection (e)."(3) Paragraph (1) shall not apply in the case of a family housing unit used, or intended for use, as quarters for a general officer or flag officer if the unit was identified in the most recent report submitted under subsection (e) and the cost of the maintenance or repair project was included in the total of anticipated operation, maintenance, and repair costs for the unit specified in the report." Pub. L. 115-91, §1051(a) (21)(A), (B), redesignated subsec. (f) as (e) and struck out former subsec. (e) which required reports on general officers and flag officers quarters.Subsec. (f). Pub. L. 115-91, §1051(a) (21)(B), redesignated subsec. (f) as (e). 2006-Subsecs. (a) to (d). Pub. L. 109-364, §2805(b)(1) -(4), inserted subsec. headings.Subsec. (e). Pub. L. 109-364, §2805(b)(5), struck out "Cost of" before "General Officers" in heading.Subsec. (e)(1)(B). Pub. L. 109-364, §2805(a)(2)(A), substituted "identified under subparagraph (A)" for "so identified".Subsec. (e)(1)(C) to (E). Pub. L. 109-364, §2805(a)(1), (2)(B), (3), added subpars. (C) to (E). Subsec. (f)(2). Pub. L. 109-364, §1071(a) (26), substituted "environmental" for "enviromental". 2004-Subsecs. (e), (f). Pub. L. 108-375 added subsecs. (e) and (f).2002-Subsec. (b)(3). Pub. L. 107-217 substituted "section 572(a) of title 40" for "section 204(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485(b))".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATEFor 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.

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
congressional defense committees: The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
flag officer: The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
general officer: The term "general officer" means an officer of the Army, Air Force, Marine Corps, or Space Force serving in or having the grade of general, lieutenant general, major general, or brigadier general.