
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: 10USC2883]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
SUBCHAPTER IV--ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF 
                            MILITARY HOUSING
 
Sec. 2883. Department of Defense Housing Funds

    (a) Establishment.--There are hereby established on the books of the 
Treasury the following accounts:
        (1) The Department of Defense Family Housing Improvement Fund.
        (2) The Department of Defense Military Unaccompanied Housing 
    Improvement Fund.

    (b) Commingling of Funds Prohibited.--(1) The Secretary of Defense 
shall administer each Fund separately.
    (2) Amounts in the Department of Defense Family Housing Improvement 
Fund may be used only to carry out activities under this subchapter with 
respect to military family housing.
    (3) Amounts in the Department of Defense Military Unaccompanied 
Housing Improvement Fund may be used only to carry out activities under 
this subchapter with respect to military unaccompanied housing.
    (c) Credits to Funds.--(1) There shall be credited to the Department 
of Defense Family Housing Improvement Fund the following:
        (A) Amounts authorized for and appropriated to that Fund.
        (B) Subject to subsection (f), any amounts that the Secretary of 
    Defense transfers, in such amounts as provided in appropriation 
    Acts, to that Fund from amounts authorized and appropriated to the 
    Department of Defense for the acquisition or construction of 
    military family housing.
        (C) Proceeds from the conveyance or lease of property or 
    facilities under section 2878 of this title for the purpose of 
    carrying out activities under this subchapter with respect to 
    military family housing.
        (D) Income derived from any activities under this subchapter 
    with respect to military family housing, including interest on loans 
    made under section 2873 of this title, income and gains realized 
    from investments under section 2875 of this title, and any return of 
    capital invested as part of such investments.
        (E) Any amounts that the Secretary of the Navy transfers to that 
    Fund pursuant to section 2814(i)(3) of this title, subject to the 
    restrictions on the use of the transferred amounts specified in that 
    section.

    (2) There shall be credited to the Department of Defense Military 
Unaccompanied Housing Improvement Fund the following:
        (A) Amounts authorized for and appropriated to that Fund.
        (B) Subject to subsection (f), any amounts that the Secretary of 
    Defense transfers, in such amounts as provided in appropriation 
    Acts, to that Fund from amounts authorized and appropriated to the 
    Department of Defense for the acquisition or construction of 
    military unaccompanied housing.
        (C) Proceeds from the conveyance or lease of property or 
    facilities under section 2878 of this title for the purpose of 
    carrying out activities under this subchapter with respect to 
    military unaccompanied housing.
        (D) Income derived from any activities under this subchapter 
    with respect to military unaccompanied housing, including interest 
    on loans made under section 2873 of this title, income and gains 
    realized from investments under section 2875 of this title, and any 
    return of capital invested as part of such investments.
        (E) Any amounts that the Secretary of the Navy transfers to that 
    Fund pursuant to section 2814(i)(3) of this title, subject to the 
    restrictions on the use of the transferred amounts specified in that 
    section.

    (d) Use of Amounts in Funds.--(1) In such amounts as provided in 
appropriation Acts and except as provided in subsection (e), the 
Secretary of Defense may use amounts in the Department of Defense Family 
Housing Improvement Fund to carry out activities under this subchapter 
with respect to military family housing, including activities required 
in connection with the planning, execution, and administration of 
contracts entered into under the authority of this subchapter. The 
Secretary may also use for expenses of activities required in connection 
with the planning, execution, and administration of such contracts funds 
that are otherwise available to the Department of Defense for such types 
of expenses.
    (2) In such amounts as provided in appropriation Acts and except as 
provided in subsection (e), the Secretary of Defense may use amounts in 
the Department of Defense Military Unaccompanied Housing Improvement 
Fund to carry out activities under this subchapter with respect to 
military unaccompanied housing, including activities required in 
connection with the planning, execution, and administration of contracts 
entered into under the authority of this subchapter. The Secretary may 
also use for expenses of activities required in connection with the 
planning, execution, and administration of such contracts funds that are 
otherwise available to the Department of Defense for such types of 
expenses.
    (3) Amounts made available under this subsection shall remain 
available until expended. The Secretary of Defense may transfer amounts 
made available under this subsection to the Secretaries of the military 
departments to permit such Secretaries to carry out the activities for 
which such amounts may be used.
    (e) Limitation on Obligations.--The Secretary may not incur an 
obligation under a contract or other agreement entered into under this 
subchapter in excess of the unobligated balance, at the time the 
contract is entered into, of the Fund required to be used to satisfy the 
obligation.
    (f) Notification Required for Transfers.--A transfer of appropriated 
amounts to a Fund under paragraph (1)(B) or (2)(B) of subsection (c) may 
be made only after the end of the 30-day period beginning on the date 
the Secretary of Defense submits written notice of, and justification 
for, the transfer to the appropriate committees of Congress.
    (g) Limitation on Amount of Budget Authority.--The total value in 
budget authority of all contracts and investments undertaken using the 
authorities provided in this subchapter shall not exceed--
        (1) $850,000,000 for the acquisition or construction of military 
    family housing; and
        (2) $150,000,000 for the acquisition or construction of military 
    unaccompanied housing.

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1), Feb. 10, 
1996, 110 Stat. 548; amended Pub. L. 104-201, div. B, title XXVIII, 
Sec. 2804, Sept. 23, 1996, 110 Stat. 2788; Pub. L. 106-65, div. B, title 
XXVIII, Sec. 2802(b), Oct. 5, 1999, 113 Stat. 848.)


                               Amendments

    1999--Subsec. (c)(1)(E). Pub. L. 106-65, Sec. 2802(b)(1), added 
subpar. (E).
    Subsec. (c)(2)(E). Pub. L. 106-65, Sec. 2802(b)(2), added subpar. 
(E).
    1996--Subsec. (d)(1), (2). Pub. L. 104-201 inserted at end ``The 
Secretary may also use for expenses of activities required in connection 
with the planning, execution, and administration of such contracts funds 
that are otherwise available to the Department of Defense for such types 
of expenses.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2814, 2854a, 2871, 2884 of 
this title.
