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10 U.S.C. § 2871 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter and subchapter V of this chapter:
(1) The term “ancillary supporting facilities” means facilities related to housing units, including facilities to provide or support elementary or secondary education, child care centers, day care centers, child development centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing.
(2) The term “child development center” includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through five years old for full-day, part-day, and hourly service.
(3) The term “construction” means the construction of housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities.
(4) The term “contract” includes any contract, lease, or other agreement entered into under the authority of this subchapter. The fact that an agreement between an eligible entity and the Secretary concerned is designated as an agreement rather than a contract shall not be construed to exclude the agreement from the term “contract” for purposes of this subchapter and subchapter V.
(5) The term “eligible entity” means any private person, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government that is prepared to enter into a contract as a partner with the Secretary concerned for the construction of housing units and ancillary supporting facilities.
(6) The term “Fund” means the Department of Defense Family Housing Improvement Fund or the Department of Defense Military Unaccompanied Housing Improvement Fund established under [section 2883(a
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Source location: Title 10, Chapter 169, § 2871; chapter-169-military-construction-and-military-family-housing.md
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In this subchapter and subchapter V of this chapter:
(1) The term “ancillary supporting facilities” means facilities related to housing units, including facilities to provide or support elementary or secondary education, child care centers, day care centers, child development centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing.
(2) The term “child development center” includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through five years old for full-day, part-day, and hourly service.
(3) The term “construction” means the construction of housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities.
(4) The term “contract” includes any contract, lease, or other agreement entered into under the authority of this subchapter. The fact that an agreement between an eligible entity and the Secretary concerned is designated as an agreement rather than a contract shall not be construed to exclude the agreement from the term “contract” for purposes of this subchapter and subchapter V.
(5) The term “eligible entity” means any private person, corporation, firm, partnership, company, State or local government, or housing authority of a State or local government that is prepared to enter into a contract as a partner with the Secretary concerned for the construction of housing units and ancillary supporting facilities.
(6) The term “Fund” means the Department of Defense Family Housing Improvement Fund or the Department of Defense Military Unaccompanied Housing Improvement Fund established under [section 2883(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883/a&num=0&edition=prelim).
(7) The term “housing document” means a document developed by the Secretary of Defense under [section 2890 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2890&num=0&edition=prelim) and known as the Military Housing Privatization Initiative Tenant Bill of Rights or the Military Housing Privatization Initiative Tenant Responsibilities.
(8) The term “housing unit” means a unit of family housing or military unaccompanied housing acquired or constructed under this subchapter.
(9) The term “incentive fees” means any amounts payable to a landlord for meeting or exceeding performance metrics as specified in a contract with the Department of Defense.
(10) The term “landlord” means an eligible entity that enters into, or has entered into, a contract as a partner with the Secretary concerned for the acquisition or construction of a housing unit under this subchapter. The term includes any agent of the eligible entity or any subsequent lessor who owns, manages, or is otherwise responsible for a housing unit. The term does not include an entity of the Federal Government.
(11) The term “military unaccompanied housing” means military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents and transient housing intended to be occupied by members of the armed forces on temporary duty.
(12) The term “tenant” means a member of the armed forces, including a reserve component thereof in an active status, or a dependent of a member of the armed forces who resides at a housing unit, is a party to a lease for a housing unit, or is authorized to act on behalf of the member under this subchapter and subchapter V of this chapter in the event of the assignment or deployment of a member.
(13) The term “United States” includes the Commonwealth of Puerto Rico.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), funds may not be appropriated for the construction, acquisition, leasing, addition, extension, expansion, alteration, relocation, or operation and maintenance of family housing under the jurisdiction of the Department of Defense unless the appropriation of such funds has been authorized by law.
**(b)** In addition to the funds authorized to be appropriated by law in any fiscal year for the purposes described in subsection (a), there are authorized to be appropriated such additional sums as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law for civilian employees of the Department of Defense whose compensation is provided for by funds appropriated for the purposes described in such subsection.
**(c)** Amounts authorized by law for construction of military family housing units include amounts for (1) site preparation (including demolition), (2) installation of utilities, (3) ancillary supporting facilities, (4) shades, screens, ranges, refrigerators, and all other equipment and fixtures installed in such units, and (5) construction supervision, inspection, and overhead.
**(d)** Amounts authorized by law for construction and acquisition of military family housing and facilities include amounts for—
(1) minor construction;
(2) improvements to existing military family housing units and facilities;
(3) relocation of military family housing units under [section 2827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2827&num=0&edition=prelim); and
(4) architectural and engineering services and construction design.
**(e)** The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon m
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2821
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement—
(1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or
(3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied with.
**(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until—
(1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification—
(A) an evaluation of the fiscal, local economic, budgetary, environme
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development of Tenant Bill of Rights and Tenant Responsibilities Documents.—**
(1) The Secretary of Defense shall develop two separate documents, to be known as the Military Housing Privatization Initiative Tenant Bill of Rights and the Military Housing Privatization Initiative Tenant Responsibilities, for tenants of housing units.
(2) The Secretary of each military department shall ensure that the housing documents are attached to each lease agreement for a housing unit.
(3) The rights and responsibilities contained in the housing documents are not intended to be exclusive. The omission of a tenant right or responsibility shall not be construed to deny the existence of such a right or responsibility for tenants.
(4) Each contract between the Secretary concerned and a landlord shall incorporate the housing documents and guarantee the rights and responsibilities of tenants who reside in housing units covered by the contract.
(5) The Secretary of Defense shall develop the housing documents in coordination with the Secretaries of the military departments.
**(b) Elements of Tenant Bill of Rights.—** At a minimum, the Military Housing Privatization Initiative Tenant Bill of Rights shall address the following rights of tenants of housing units:
(1) The right to reside in a housing unit and community that meets applicable health and environmental standards.
(2) The right to reside in a housing unit that has working fixtures, appliances, and utilities and to reside in a community with well-maintained common areas and amenity spaces.
(3) The right to be provided with a maintenance history of the prospective housing unit before signing a lease, as provided in [section 2892a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2890
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Entitlement.—**
(1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status of the member, and the geographic location of the member. The basic allowance for housing may be paid in advance.
(2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense.
**(b) Basic Allowance for Housing Inside the United States.—**
(1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2).
(2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between members with dependents in pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 403
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** There is in the Department of Defense the Department of Defense Military Family Readiness Council (in this section referred to as the “Council”).
**(b) Members.—**
(1) The Council shall consist of the following members:
(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as chair of the Council and who may designate a representative to chair the council in the Under Secretary’s absence.
(B) The following persons, who shall be appointed or designated by the Secretary of Defense:
(i) One representative of each of the Army, Navy, Air Force, Marine Corps, and Space Force, each of whom shall be a member or civilian employee of the armed force to be represented.
(ii) One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard.
(iii) One spouse or parent of a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force, two of whom shall be the spouse or parent of an active component member, two of whom shall be the spouse or parent of a reserve component member, and one of whom shall be the spouse or parent of a member of the Space Force.
(C) Three individuals appointed by the Secretary of Defense from among representatives of military family organizations, including military family organizations of families of members of the regular components and of families of members of the reserve components.
(D) The senior enlisted advisor from each of the Army, Navy, Air Force, Marine Corps, and Space Force, except that two of these members may instead be selected from among the spouses of the senior enlisted advisors.
(E) The Director of the Office of Military Family Readiness Policy.
(2)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1781a
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of a military department may provide, to a member of the armed forces who resides in military unaccompanied housing (as defined in [section 2871 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2871&num=0&edition=prelim)) within the United States, broadband internet access service, at no cost to such member.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2265
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretaries of the military departments may carry out such military construction projects, land acquisitions, and defense access road projects (as described under [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)) as are authorized by law.
**(b)** Authority provided by law to carry out a military construction project includes authority for—
(1) surveys and site preparation;
(2) acquisition, conversion, rehabilitation, and installation of facilities;
(3) acquisition and installation of equipment and appurtenances integral to the project;
(4) acquisition and installation of supporting facilities (including utilities) and appurtenances incident to the project;
(5) planning, supervision, administration, and overhead incident to the project; and
(6) personnel and personal services contracts required to carry out paragraphs (1) through (5).
**(c)** In determining the scope of a proposed military construction project, the Secretary concerned shall submit to the President such recommendations as the Secretary considers to be appropriate regarding the incorporation and inclusion of life-cycle cost-effective practices as an element in the project documents submitted to Congress in connection with the budget submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for the fiscal year in which a contract is proposed to be awarded for the project.
**(d)** Repealed. Pub. L. 114–328, div. B, title XXVIII, § 2811(b), Dec. 23, 2016, 130 Stat. 2716.]
**(e)**
(1) If a construction project, land acquisition, or defense access road project described in paragraph (2) wil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Local Comparability in Floor Areas.—** In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for purposes of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A).
**(b) Floor Space and Number of Members Allowed.—** In the design and configuration of covered military unaccompanied housing, the Secretary of Defense shall establish uniform design standards that—
(1) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of covered military unaccompanied housing;
(2) ensure that not more than two individuals may occupy such a unit; and
(3) provide definitions and measures that specify—
(A) criteria of design;
(B) quality of construction material to be used; and
(C) levels of maintenance to be required.
**(c) Covered Military Unaccompanied Housing.—** For purposes of this section, section 2856a, and section 2856b, the term “covered military unaccompanied housing” means Government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2856
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Federal law — U.S. Code and appendices · legal_authorities
Page 2295
TITLE 10—ARMED FORCES
§ 2871
days after the date of the enactment of this Act [Jan.
1, 2021], the Secretary of Defense shall issue guidance
providing for the implementation of the pilot program
required by section 2869(a)(3) of title 10, United States
Code, as added by this section.’’
[§ 2870. Repealed. Pub. L. 116–283, div. A, title
VIII, § 818(a), Jan. 1, 2021, 134 Stat. 3751]
Section, added Pub. L. 116–92, div. A, title VIII,
§ 865(a)(1), Dec. 20, 2019, 133 Stat. 1523, related to use of
qualified apprentices by military construction contrac-
tors.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2019 AMENDMENT
Pub. L. 116–92, div. A, title VIII, § 865(b), Dec. 20, 2019,
133 Stat. 1524, which provided that the amendments
made by section 865 of Pub. L. 116–92 (enacting this sec-
tion) would apply with respect to contracts awarded on
or after 180 days after Dec. 20, 2019, was repealed by
Pub. L. 116–283, div. A, title VIII, § 818(b)(2), Jan. 1, 2021,
134 Stat. 3751.
SUBCHAPTER IV—ALTERNATIVE AUTHOR-
ITY FOR ACQUISITION AND IMPROVE-
MENT OF MILITARY HOUSING
Sec.
2871.
Definitions.
2872.
General authority.
2872a.
Utilities and services.
2872b.
Treatment of breach of contract.
2873.
Direct loans and loan guarantees.
2874.
Leasing of housing.
2875.
Investments.
2876.
Rental guarantees.
2877.
Differential lease payments.
2878.
Conveyance or lease of existing property and
facilities.
[2879.
Renumbered.]
2880.
Unit size and type.
2881.
Ancillary supporting facilities.
2881a.
Pilot projects for acquisition or construction
of military unaccompanied housing.
2882.
Effect of assignment of members to housing
units acquired or constructed under alter-
native authority.
2883.
Department of Defense Housing Funds.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2871
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.