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§2856b Covered Military Unaccompanied Housing: Standards for Habitability

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER III — ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2856b

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense must set the same minimum standards for covered military unaccompanied housing. These standards must cover the housing’s condition; habitability, health, and comfort; safety and security; and any other items the Secretary thinks are needed. Only a Secretary of a military department can grant a waiver of any of these uniform standards. When the Defense Secretary sends the President’s budget to Congress under section 1105 of title 31, each military department secretary must certify to the congressional defense committees that the cost to fix and improve every occupied covered military unaccompanied housing facility they control does not exceed 20 percent of that facility’s replacement cost, as required by Department of Defense Manual 4165.63, “DoD Housing Management,” dated October 28, 2010 (or a successor document).

Title 10, §2856b

Armed Forces, Source: USLM XML via OLRC

(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)

(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).

Notes & Related Subsidiaries

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.