
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2825]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                 SUBCHAPTER II--MILITARY FAMILY HOUSING
 
Sec. 2825. Improvements to family housing units

    (a)(1) Authority provided by law to improve existing military family 
housing units and ancillary family housing support facilities is 
authority to make alterations, additions, expansions, and extensions.
    (2) In this section, the term ``improvement'' includes 
rehabilitation of a housing unit and major maintenance or repair work to 
be accomplished concurrently with an improvement project. Such term does 
not include day-to-day maintenance and repair work.
    (b)(1) Funds may not be expended for the improvement of any single 
family housing unit, or for the improvement of two or more housing units 
that are to be converted into or are to be used as a single family 
housing unit, if the cost per unit of such improvement will exceed (A) 
$50,000 multiplied by the area construction cost index as developed by 
the Department of Defense for the location concerned at the time of 
contract award, or (B) in the case of improvements necessary to make the 
unit suitable for habitation by a handicapped person, $60,000 multiplied 
by such index. The Secretary concerned may waive the limitations 
contained in the preceding sentence if (i) such Secretary determines 
that, considering the useful life of the structure to be improved and 
the useful life of a newly constructed unit and the cost of construction 
and of operation and maintenance of each kind of unit over its useful 
life, the improvement will be cost-effective, and (ii) a period of 21 
days elapses after the date on which the appropriate committees of 
Congress receive a notice from such Secretary of the proposed waiver, 
together with an economic analysis demonstrating that the improvement 
will be cost effective.
    (2) In determining the applicability of the limitation contained in 
paragraph (1), the Secretary concerned shall include as part of the cost 
of the improvement of the unit or units concerned the following:
        (A) The cost of major maintenance or repair work undertaken in 
    connection with the improvement.
        (B) Any cost, other than the cost of activities undertaken 
    beyond a distance of five feet from the unit or units concerned, in 
    connection with--
            (i) the furnishing of electricity, gas, water, and sewage 
        disposal;
            (ii) the construction or repair of roads, drives, and walks; 
        and
            (iii) grading and drainage work.

    (3) In determining the applicability of the limitation contained in 
paragraph (1), the Secretary concerned shall not include as part of the 
cost of the improvement of the unit or units concerned the following:
        (A) The cost of the installation of communications, security, or 
    antiterrorism equipment required by an occupant of the unit or units 
    to perform duties assigned to the occupant as a member of the armed 
    forces.
        (B) The cost of the maintenance or repair of equipment described 
    in subparagraph (A) installed for the purpose specified in such 
    subparagraph.

    (4) The limitation contained in the first sentence of paragraph (1) 
does not apply to a project for the improvement of a family housing unit 
or units referred to in that sentence if the project (including the 
amount requested for the project) is identified in the budget materials 
submitted to Congress by the Secretary of Defense in connection with the 
submission to Congress of the budget for a fiscal year pursuant to 
section 1105 of title 31.
    (c)(1) The Secretary concerned may construct replacement military 
family housing units in lieu of improving existing military family 
housing units if--
        (A) the improvement of the existing housing units has been 
    authorized by law;
        (B) the Secretary determines that the improvement project is no 
    longer cost-effective after a review of post-design or bid cost 
    estimates;
        (C) the Secretary submits to the committees referred to in 
    subsection (b)(1) a notice containing--
            (i) an economic analysis demonstrating that the improvement 
        project would exceed 70 percent of the cost of constructing 
        replacement housing units intended for members of the armed 
        forces in the same pay grade or grades as those members who 
        occupy the existing housing units; and
            (ii) if the replacement housing units are intended for 
        members of the armed forces in a different pay grade or grades, 
        a justification of the need for the replacement housing units 
        based upon the long-term requirements of the armed forces in the 
        location concerned; and

        (D) a period of 21 days elapses after the date on which the 
    Secretary submits the notice required by subparagraph (C).

    (2) The amount that may be expended to construct replacement 
military family housing units under this subsection may not exceed the 
amount that is otherwise available to carry out the previously 
authorized improvement project.
    (d) This section does not apply to projects authorized for 
restoration or replacement of housing units that have been damaged or 
destroyed.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 159; amended 
Pub. L. 99-661, div. B, title VII, Sec. 2702(c), Nov. 14, 1986, 100 
Stat. 4040; Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101 Stat. 284; 
Pub. L. 100-180, div. B, subdiv. 3, title I, Sec. 2305, Dec. 4, 1987, 
101 Stat. 1215; Pub. L. 101-189, div. B, title XXVIII, Sec. 2804, Nov. 
29, 1989, 103 Stat. 1647; Pub. L. 101-510, div. B, title XXVIII, 
Sec. 2812, Nov. 5, 1990, 104 Stat. 1788; Pub. L. 102-484, div. B, title 
XXVIII, Sec. 2802(a), Oct. 23, 1992, 106 Stat. 2605; Pub. L. 103-337, 
div. B, title XXVIII, Sec. 2802, Oct. 5, 1994, 108 Stat. 3050; Pub. L. 
104-106, div. A, title XV, Sec. 1502(a)(26), Feb. 10, 1996, 110 Stat. 
506; Pub. L. 104-201, div. B, title XXVIII, Sec. 2803, Sept. 23, 1996, 
110 Stat. 2788; Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2802], Oct. 30, 2000, 114 Stat. 1654, 1654A-413.)


                               Amendments

    2000--Subsec. (b)(3), (4). Pub. L. 106-398 added par. (3) and 
redesignated former par. (3) as (4).
    1996--Subsec. (a)(2). Pub. L. 104-201, Sec. 2803(a), inserted 
``major'' before ``maintenance or repair'' and ``Such term does not 
include day-to-day maintenance and repair work.'' at end.
    Subsec. (b)(1). Pub. L. 104-106 substituted ``appropriate committees 
of Congress'' for ``Committees on Armed Services and the Committees on 
Appropriations of the Senate and of the House of Representatives''.
    Subsec. (b)(2). Pub. L. 104-201, Sec. 2803(b), added par. (2) and 
struck out former par. (2) which read as follows: ``In determining the 
applicability of the limitation contained in paragraph (1), there shall 
be included as part of the cost of the improvement the cost of repairs 
undertaken in connection with the improvement and any cost in connection 
with (A) the furnishing of electricity, gas, water and sewage disposal, 
(B) the construction or repair of roads and walks, and (C) grading and 
drainage work.''
    1994--Subsec. (b)(3). Pub. L. 103-337 added par. (3).
    1992--Subsecs. (c), (d). Pub. L. 102-484 added subsec. (c) and 
redesignated former subsec. (c) as (d).
    1990--Subsec. (b)(1). Pub. L. 101-510 substituted ``$50,000'' for 
``$40,000'' in cl. (A) and inserted at end sentence authorizing 
Secretary concerned to waive limitations contained in preceding 
sentence.
    1989--Subsec. (b)(1). Pub. L. 101-189 inserted ``(A)'' after ``will 
exceed'' and added cl. (B).
    1987--Subsec. (a)(2). Pub. L. 100-26 inserted ``the term'' after 
``In this section,''.
    Subsec. (b)(1). Pub. L. 100-180 substituted ``$40,000'' for 
``$30,000''.
    1986--Subsec. (b)(1). Pub. L. 99-661 substituted ``$30,000'' for 
``an amount specified by law for such purpose''.


                             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.


Initial Establishment of Certain Amounts Required To Be Specified by Law

    Maximum amount of $30,000 per unit for an improvement project for 
family housing units under this section during the period beginning Oct. 
1, 1982, and ending on the date of the enactment of the Military 
Construction Authorization Act for fiscal year 1984 or Oct. 1, 1983, 
whichever is later, see section 11(3) of Pub. L. 97-214, set out as a 
note under section 2828 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2822 of this title.
