Sec. 2833. MODIFICATION OF PROCEDURES FOR ISSUANCE OF WAIVERS OF COVERED PRIVACY AND CONFIGURATION STANDARDS; TEMPORARY BIANNUAL BRIEFING
1,343 words·~6 min read·
/statute-compilations/comps-17632/sec-2833A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 2833 MODIFICATION OF PROCEDURES FOR ISSUANCE OF WAIVERS OF COVERED PRIVACY AND CONFIGURATION STANDARDS; TEMPORARY BIANNUAL BRIEFING ###
(a)Termination of Existing Waivers of Covered Privacy and Configuration Standards **[**[10 U.S.C. 2856a note](/us/usc/t10/s2856a)**]** Any waiver of covered privacy and configuration standards in effect on or before the date of the enactment of this Act shall terminate on March 1, 2024. ###
(b)Waivers of Covered Privacy and Configuration Standards Subchapter III of title 10, United States Code, is amended by inserting after section 2856 the following new section: > > ## “SEC. 2856a Covered military unaccompanied housing: waivers of covered privacy and configuration standards > > **[**[10 U.S.C. 2856a](/us/usc/t10/s2856a)**]** > > > ### “(a) Procedures for Issuance of Certain Waivers > > Effective March 2, 2024, any waiver of covered privacy and configuration standards shall be issued in accordance with the following: > > > #### “(1) > > A commander of a military installation desiring a waiver of covered habitability 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 subparagraph
(A)only if such Secretary has exhausted all options available to such Secretary to provide housing that meets covered privacy and configuration standards, 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; 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 issued pursuant to this paragraph shall terminate on the date that is 9 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; > > > #### “(3) > > a strategy to remedy issues, if any, caused by covered military unaccompanied housing that did not comply with such uniform 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 such uniform standards, including a timeline for the implementation of such strategy; and > > > #### “(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 such uniform standards; > > > ##### “(B) > > projects to construct new covered military unaccompanied housing; and > > > ##### “(C) > > modifications to relevant policies of the Department of Defense, excluding such policies relating to infrastructure. > > > ### “(c) Covered Privacy and Configuration Standard Defined > > In this section, 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).” > . ###
(c)Temporary Biannual Briefing on Waivers; Limitations on Availability of Funds ####
(1)Briefings Not later than 30 days after the submission of the budget of the President to Congress pursuant to section 1105 of title 31, United States Code, and on a biannual basis thereafter until the date that is two years after the date of the enactment of this Act, each Secretary of a military department shall provide to the congressional defense committees a briefing on waivers of covered privacy and configuration standards pursuant to section 2856a of title 10, United States Code, for covered military unaccompanied housing under the jurisdiction of that Secretary that includes— #####
(A)the number, disaggregated by military installation, of waivers in effect as of the date of such briefing relating to occupancy; #####
(B)a list of each waiver described in subparagraph
(A)that includes— ######
(i)an identification of the official who approved each such waiver; ######
(ii)a description of the military necessity underlying each such waiver; and ######
(iii)a statement of the period each such waiver is effective; and #####
(C)an identification of the number of members of the Armed Forces that reside in covered military unaccompanied housing subject to a waiver described in such subparagraph. ####
(2)Limitations #####
(A)Operations and maintenance, army Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal 2024 for Administration and Service-wide Activities, operations and maintenance, Army, not more than 75 percent may be obligated or expended until the Secretary of the Army provides the first respective briefing described in paragraph (1). #####
(B)Operations and maintenance, navy Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal 2024 for Administration and Service-wide Activities, operations and maintenance, Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy provides the first respective briefing described in such paragraph. #####
(C)Operations and maintenance, air force Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal 2024 for Administration and Service-wide Activities, operations and maintenance, Air Force, not more than 75 percent may be obligated or expended until the Secretary of the Air Force provides the first respective briefing described in such paragraph. ###
(d)Revisions to Rules, Guidance, or Other Issuances **[**[10 U.S.C. 2856a note](/us/usc/t10/s2856a)**]** Not later than 120 days after the date of the enactment of this Act, 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 pursuant to section 2856a of title 10, United States Code (as added by subsection (a)). ###
(e)Comptroller General Briefing Not later than 60 days after the date of the submission of the plan described in subsection (b)(2) of section 2856a of title 10, United States Code (as added by subsection (a)), contained in the first report required under such subsection, the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes— ####
(1)an analysis on the ability of each military department to execute such plan; and ####
(2)recommendations, if any, of the Comptroller General with respect to modifications of such plan. ###
(f)Covered Privacy and Configuration Standard **[**[10 U.S.C. 2856a note](/us/usc/t10/s2856a)**]** 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)).
Connectionstraces to 1
Citation graph
cites case law
Sec. 2833
MODIFICATION OF PROCEDURES FOR ISSUANCE OF WAIVERS OF COVERED PRIVACY AND CONFIGURATION STANDARDS; TEMPORARY BIANNUAL BRIEFING
Cites 1Cited by 0 across 0 sources