---
kind: "section"
citation: "10 U.S.C. § 2856a"
title: "10"
title_heading: "Armed Forces"
number: "2856a"
heading: "Covered military unaccompanied housing: waivers of covered privacy and configuration standards and covered health and safety standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2856a"
units:
  - "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"
---

# §2856a. Covered military unaccompanied housing: waivers of covered privacy and configuration standards and covered health and safety standards

- (a) **Procedures for Issuance of Certain Waivers.—** Any waiver of covered privacy and configuration [standards](/usc/10/3011.md?p=3) or covered health and safety [standards](/usc/10/3011.md?p=3) shall be issued in accordance with the following:
  - (1) A commander of a [military installation](/usc/10/2801.md?p=c-4) desiring a waiver of covered privacy and configuration [standards](/usc/10/3011.md?p=3) or covered health and safety [standards](/usc/10/3011.md?p=3) shall submit to the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned a request for such waiver.
  - (2) A [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may approve a request under [paragraph (1)](#a-1) only if such [Secretary](/usc/10/4951.md?p=3) has exhausted all options available to such [Secretary](/usc/10/4951.md?p=3) to provide housing that meets covered privacy and configuration [standards](/usc/10/3011.md?p=3) or covered health and safety [standards](/usc/10/3011.md?p=3) (as applicable), including the—
    - (A) use of available privately-owned [military](/usc/10/801.md?p=8) housing;
    - (B) modification of unit integrity goals to allow the use of each available unit of covered [military](/usc/10/801.md?p=8) unaccompanied housing that meets covered privacy and configuration [standards](/usc/10/3011.md?p=3) or covered health and safety [standards](/usc/10/3011.md?p=3) (as applicable); and
    - (C) issuance of a certificate of nonavailability of covered [military](/usc/10/801.md?p=8) unaccompanied housing to allow eligibility for basic allowance for housing under [section 403 of title 37](/usc/37/403.md).
  - (3) An official described in paragraph [(1)](#a-1) or [(2)](#a-2) may not delegate the respective authorities under such paragraphs.
  - (4) Any waiver of covered privacy and configuration [standards](/usc/10/3011.md?p=3) or covered health and safety [standards](/usc/10/3011.md?p=3) issued pursuant to this paragraph shall terminate on the date that is 15 months after the date on which such waiver was issued. A [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) 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](/usc/31/1105.md), the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-1) a report on waivers issued under this section that [includes](/usc/10/101.md?p=g-4)—
  - (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](/usc/10/801.md?p=8) unaccompanied housing that required the issuance of such a waiver, and a timeline to implement such plan;
  - (3) a strategy to remedy issues, if any, caused by covered [military](/usc/10/801.md?p=8) unaccompanied housing that did not comply with applicable [standards](/usc/10/3011.md?p=3);
  - (4) a strategy to remedy the factors, if any, that require a commander of a [military installation](/usc/10/2801.md?p=c-4) to submit to the applicable [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) a request for consecutive waivers of applicable [standards](/usc/10/3011.md?p=3), including a timeline for the implementation of such strategy;
  - (5) an analysis of strategies to remedy the factors described in [paragraph (4)](#b-4), including—
    - (A) projects to modernize existing covered [military](/usc/10/801.md?p=8) unaccompanied housing to comply with applicable [standards](/usc/10/3011.md?p=3);
    - (B) projects to construct new covered [military](/usc/10/801.md?p=8) unaccompanied housing; and
    - (C) modifications to relevant policies of the [Department](/usc/10/101.md?p=a-6) of Defense, excluding such policies relating to infrastructure;
  - (6) an assessment of whether a need for future waivers has been identified;
  - (7) a summary of the analysis performed under [subsection (a)(2)](#a-2), including a certification by the [Secretary](/usc/10/4951.md?p=3) of each [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) that the [Secretary](/usc/10/4951.md?p=3) has—
    - (A) complied with the requirements for issuing a waiver; and
    - (B) identified all covered [military](/usc/10/801.md?p=8) unaccompanied housing that does not meet covered privacy and configuration [standards](/usc/10/3011.md?p=3) or covered health and safety [standards](/usc/10/3011.md?p=3);
  - (8) information about costs associated with remediation of covered [military](/usc/10/801.md?p=8) unaccompanied housing that requires such waivers, including—
    - (A) funding needs for [military construction](/usc/10/2801.md?p=a) projects related to such remediation;
    - (B) funding needs for [facilities](/usc/10/2700.md?p=2) sustainment, restoration, and modernization projects related to such remediation; and
    - (C) any increase required to the basic allowance for housing under [section 403 of title 37](/usc/37/403.md) for members of the [armed forces](/usc/10/101.md?p=a-4) that would otherwise be living in covered [military](/usc/10/801.md?p=8) unaccompanied housing but for the need for such remediation; and
  - (9) a description of the status of the [response](/usc/10/2700.md?p=2) of the [Department](/usc/10/101.md?p=a-6) to open recommendations contained in the 2023 report by the Comptroller General of the [United States](/usc/10/101.md?p=a-1) titled “[Military](/usc/10/801.md?p=8) Barracks: Poor Living Conditions Undermine Quality of Life and Readiness” (GAO–23–105797), including any privacy and configuration standard or health and safety standard of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) that differs from the covered privacy and configuration [standards](/usc/10/3011.md?p=3) or covered health and safety [standards](/usc/10/3011.md?p=3) (as applicable).
- (c) **Definitions.—** In this section:
  - (1) The term “covered health and safety standard” means the minimum health and safety criteria applicable to covered [military](/usc/10/801.md?p=8) unaccompanied housing established by the [Secretary](/usc/10/4951.md?p=3) of Defense and may include [standards](/usc/10/3011.md?p=3) relating to mold, ventilation, fire safety, or other related habitability conditions necessary to ensure safe occupancy.
  - (2) The term “covered privacy and configuration standard” means the minimum [standards](/usc/10/3011.md?p=3) for privacy and configuration applicable to covered [military](/usc/10/801.md?p=8) unaccompanied housing described in [Department](/usc/10/101.md?p=a-6) of Defense Manual 4165.63 titled “DoD Housing Management” and dated October 28, 2010 (or a successor document).

## Source credit

(Added Pub. L. 118–31, div. B, title XXVIII, § 2833(b), Dec. 22, 2023, 137 Stat. 755; amended Pub. L. 118–159, div. B, title XXVIII, § 2824, Dec. 23, 2024, 138 Stat. 2256; Pub. L. 119–60, div. B, title XXVIII, § 2822, Dec. 18, 2025, 139 Stat. 1305.)

## Notes

### Editorial Notes

### Codification

Pub. L. 118–31, div. B, title XXVIII, § 2833(b), Dec. 22, 2023, 137 Stat. 755, which directed amendment of “Subchapter III of title 10” by adding this section after section 2856 of this title, was executed to subchapter III of chapter 169 of this title, to reflect the probable intent of Congress.

### Amendments

2025—Pub. L. 119–60, § 2822(a)(1), inserted “and covered health and safety standards” after “standards” in section catchline.

Subsec. (a). Pub. L. 119–60, § 2822(a)(2)(A), (B), in introductory provisions, substituted “Any” for “Effective March 2, 2024, any” and inserted “or covered health and safety standards” after “covered privacy and configuration standards”.

Subsec. (a)(1). Pub. L. 119–60, § 2822(a)(2)(C)(ii), substituted “covered privacy and configuration standards or covered health and safety standards” for “covered habitability standards”.

Pub. L. 119–60, § 2822(a)(2)(C)(i), which directed the insertion of “or covered health and safety standards” after “covered privacy and configuration standards” could not be executed because “covered privacy and configuration standards” does not appear in text.

Subsec. (a)(2). Pub. L. 119–60, § 2822(b), substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions.

Pub. L. 119–60, § 2822(a)(2)(D), inserted “or covered health and safety standards (as applicable)” after “covered privacy and configuration standards” in introductory provisions and in subpar. (B).

Subsec. (a)(4). Pub. L. 119–60, § 2822(a)(2)(E), inserted “or covered health and safety standards” after “covered privacy and configuration standards”.

Subsec. (b)(2). Pub. L. 119–60, § 2822(a)(3)(B), inserted “, and a timeline to implement such plan” after “waiver”.

Subsec. (b)(3), (4), (5)(A). Pub. L. 119–60, § 2822(a)(3)(A), substituted “applicable standards” for “such uniform standards”.

Subsec. (b)(6) to (9). Pub. L. 119–60, § 2822(a)(3)(C)–(E), added pars. (6) to (9).

Subsec. (c). Pub. L. 119–60, § 2822(a)(4), amended subsec. (c) generally. Prior to amendment, subsec. (c) defined “covered privacy and configuration standard”.

2024—Subsec. (a)(4). Pub. L. 118–159 substituted “15 months” for “9 months”.

### Statutory Notes and Related Subsidiaries

### Revisions to Rules, Guidance, or Other Issuances

Pub. L. 118–31, div. B, title XXVIII, § 2833(d), Dec. 22, 2023, 137 Stat. 757, provided that: “Not later than 120 days after the date of the enactment of this Act [Dec. 22, 2023], 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 [see section 2833(f) of Pub. L. 118–31, set out as a note below] pursuant to section 2856a of title 10, United States Code (as added by subsection (a)).”

### Termination of Existing Waivers of Covered Privacy and Configuration Standards

Pub. L. 118–31, div. B, title XXVIII, § 2833(a), Dec. 22, 2023, 137 Stat. 755, provided that: “Any waiver of covered privacy and configuration standards [see section 2833(f) of Pub. L. 118–31, set out as a note below] in effect on or before the date of the enactment of this Act [Dec. 22, 2023] shall terminate on March 1, 2024.”

### Covered Privacy and Configuration Standard

Pub. L. 118–31, div. B, title XXVIII, § 2833(f), Dec. 22, 2023, 137 Stat. 757, provided that: “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)).”

### Definitions

For definition of “covered military unaccompanied housing” as used in this section, see section 2856(c) of this title.