10 U.S.C. § 2871 — Definitions

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 Repealed.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(enacting this sec- tion) would apply with respect to contracts awarded on or after 180 days after Dec. 20, 2019, was repealed by Pub.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. 2883a. Funds for housing allowances of members of the armed forces assigned to certain mili- tary family housing units. 2884. Reports. 2885. Oversight and accountability for privatiza- tion projects. [2886. Repealed.] Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. B, § 2003(b), title XXVIII, § 2812(a), Dec. 27, 2021, 135 Stat. 2162, 2191, renumbered item 2879 as 2857 and transferred it to appear after item 2856 in analysis under subchapter III of this chapter. 2019—Pub. L. 116–92, div. B, title XXX, §§ 3014(d)(2), 3033(b), Dec. 20, 2019, 133 Stat. 1926, 1936, added item 2872b and struck out item 2886 ‘‘Prohibiting collection of amounts in addition to rent from members assigned to units’’. 2018—Pub. L. 115–232, div. A, title X, § 1081(c)(5), Aug. 13, 2018, 132 Stat. 1985, made technical amendment to directory language of Pub. L. 115–91, § 2817(a)(2), effec- tive as of Dec. 12, 2017, and as if included in Pub. L. 115–91 as enacted. See 2017 Amendment note below. 2017—Pub. L. 115–91, div. B, title XXVIII, § 2817(a)(2), Dec. 12, 2017, 131 Stat. 1852, as amended by Pub. L. 115–232, div. A, title X, § 1081(c)(5), Aug. 13, 2018, 132 Stat. 1985, added item 2879. Pub. L. 115–91, div. A, title VI, § 602(b), Dec. 12, 2017, 131 Stat. 1418, added item 2886. 2008—Pub. L. 110–417, div. B, title XXVIII, § 2805(a)(2), (e)(2), Oct. 14, 2008, 122 Stat. 4722, 4724, added items 2882 and 2885 and struck out former item 2882 ‘‘Assignment of members of the armed forces to housing units’’. 2004—Pub. L. 108–375, div. B, title XXVIII, § 2805(b)(2), Oct. 28, 2004, 118 Stat. 2122, struck out item 2885 ‘‘Expi- ration of authority’’. 2002—Pub. L. 107–314, div. B, title XXVIII, §§ 2802(b)(3), (c)(2), 2803(a)(2), Dec. 2, 2002, 116 Stat. 2703, 2705, struck out ‘‘to be constructed’’ after ‘‘Leasing of housing’’ in item 2874, struck out item 2879 ‘‘Interim leases’’, and added item 2881a. 2001—Pub. L. 107–107, div. B, title XXVIII, § 2804(b), Dec. 28, 2001, 115 Stat. 1306, added item 2883a. 2000—Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2805(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–415, added item 2872a. 1999—Pub. L. 106–65, div. B, title XXVIII, § 2803(h)(2), Oct. 5, 1999, 113 Stat. 849, added item 2875 and struck out former item 2875 ‘‘Investments in nongovernmental entities’’. § 2871. Definitions In this subchapter and subchapter V of this chapter: (1) The term ‘‘ancillary supporting facili- ties’’ means facilities related to housing units, including facilities to provide or support ele- mentary 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 mili- tary housing. (2) The term ‘‘child development center’’ in- cludes a facility, and the utilities to support such facility, the function of which is to sup- port 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 con- struction of housing units and ancillary sup- porting facilities or the improvement or reha- bilitation of existing units or ancillary sup- porting facilities. (4) The term ‘‘contract’’ includes any con- tract, lease, or other agreement entered into under the authority of this subchapter. The fact that an agreement between an eligible en- tity 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 hous- ing 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 Unac- companied Housing Improvement Fund estab- lished under section 2883(a) of this title. (7) The term ‘‘housing document’’ means a document developed by the Secretary of De- fense under section 2890 of this title and known as the Military Housing Privatization Page 2296 TITLE 10—ARMED FORCES § 2871 Initiative Tenant Bill of Rights or the Mili- tary 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 con- cerned 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 de- pendents 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 compo- nent thereof in an active status, or a depend- ent of a member of the armed forces who re- sides 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. (Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 544; amended Pub. L. 105–261, div. B, title XXVIII, § 2803, Oct. 17, 1998, 112 Stat. 2202; Pub. L. 106–65, div. B, title XXVIII, § 2803(a), Oct. 5, 1999, 113 Stat. 848; Pub. L. 107–314, div. B, title XXVIII, § 2803(b), Dec. 2, 2002, 116 Stat. 2705; Pub. L. 108–136, div. A, title X, § 1043(c)(6), Nov. 24, 2003, 117 Stat. 1612; Pub. L. 109–163, div. B, title XXVIII, § 2805(b), Jan. 6, 2006, 119 Stat. 3507; Pub. L. 110–417, div. B, title XXVIII, § 2805(c), Oct. 14, 2008, 122 Stat. 4723; Pub. L. 116–92, div. B, title XXX, §§ 3001(b)–3011(a), Dec. 20, 2019, 133 Stat. 1916, 1917.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–92, § 3011(a), inserted ‘‘and sub- chapter V of this chapter’’ after ‘‘this subchapter’’ in introductory provisions. Pars. (1), (3). Pub. L. 116–92, § 3001(c), struck out ‘‘mili- tary’’ before ‘‘housing units’’. Par. (4). Pub. L. 116–92, § 3001(b)(1), inserted at end ‘‘The fact that an agreement between an eligible entity and the Secretary concerned is designated as an agree- ment rather than a contract shall not be construed to exclude the agreement from the term ‘contract’ for purposes of this subchapter and subchapter V.’’ Par. (5). Pub. L. 116–92, § 3001(c), struck out ‘‘mili- tary’’ before ‘‘housing units’’. Pars. (7) to (10). Pub. L. 116–92, § 3001(b)(3), added pars. (7) to (10). Former pars. (7) and (8) redesignated (11) and (13), respectively. Par. (11). Pub. L. 116–92, § 3001(b)(2), redesignated par. (7) as (11). Par. (12). Pub. L. 116–92, § 3001(b)(4), added par. (12). Par. (13). Pub. L. 116–92, § 3001(b)(2), redesignated par. (8) as (13). 2008—Par. (5). Pub. L. 110–417 inserted before period at end ‘‘that is prepared to enter into a contract as a part- ner with the Secretary concerned for the construction of military housing units and ancillary supporting fa- cilities’’. 2006—Par. (1). Pub. L. 109–163, § 2805(b)(1), inserted ‘‘child development centers,’’ after ‘‘day care centers,’’. Par. (2). Pub. L. 109–163, § 2805(b)(2), added par. (2). 2003—Par. (2). Pub. L. 108–136 struck out par. (2) which read as follows: ‘‘The term ‘base closure law’ means the following: ‘‘(A) Section 2687 of this title. ‘‘(B) Title II of the Defense Authorization Amend- ments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note). ‘‘(C) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).’’ 2002—Par. (7). Pub. L. 107–314 inserted ‘‘and transient housing intended to be occupied by members of the armed forces on temporary duty’’ before period at end. 1999—Pars. (5) to (8). Pub. L. 106–65 added par. (5) and redesignated former pars. (5) to (7) as (6) to (8), respec- tively. 1998—Par. (1). Pub. L. 105–261 inserted ‘‘facilities to provide or support elementary or secondary edu- cation,’’ after ‘‘including’’. Statutory Notes and Related Subsidiaries COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING AS ELEMENT OF PERFORMANCE EVALUATIONS Pub. L. 117–81, div. A, title V, § 525, Dec. 27, 2021, 135 Stat. 1688, provided that: ‘‘(a) EVALUATIONS IN GENERAL.—Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary provides for an assessment of the extent to which such individual has or has not exercised effective oversight and leader- ship in the following: ‘‘(1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. ‘‘(2) Addressing concerns with respect to such hous- ing of members of the Armed Forces and their fami- lies who reside in such housing on an installation of the military department concerned. ‘‘(b) COVERED INDIVIDUALS.—The individuals described in this subsection are as follows: ‘‘(1) The commander of an installation of a military department at which on-installation housing is man- aged by a landlord of privatized housing under sub- chapter IV of chapter 169 of title 10, United States Code. ‘‘(2) Each officer or senior enlisted member of the Armed Forces at an installation described in para- graph (1) whose duties include facilities or housing management at such installation. ‘‘(3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation de- scribed in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section.’’ PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF MILITARY FAMILIES DISPLACED FROM PRIVATIZED MILITARY HOUSING Pub. L. 116–283, div. B, title XXVIII, § 2816, Jan. 1, 2021, 134 Stat. 4328, provided that: ‘‘(a) GUIDANCE REQUIRED.—The Secretary of Defense shall promulgate guidance for commanders of military installations and installation housing management of- fices to assist such commanders and offices in facili- Page 2297 TITLE 10—ARMED FORCES § 2871 tating and managing the relocation and return of ten- ants of privatized military housing when tenants are displaced from such housing— ‘‘(1) as a result of an environmental hazard or other damage adversely affecting the habitability of the privatized military housing; or ‘‘(2) during remediation or repair activities in re- sponse to the hazard or damages. ‘‘(b) FINANCIAL IMPACT OF DISPLACEMENT.—As part of the promulgation of the guidance, the Secretary of De- fense shall consider— ‘‘(1) the extent to which displaced tenants of privatized military housing under the circumstances described in subsection (a) incur relocation, per diem, or similar expenses as a direct result of such displace- ment that are not covered by a landlord, insurance, or claims process; and ‘‘(2) the feasibility of providing reimbursement for uncovered expenses. ‘‘(c) CONSULTATION.—The Secretary of Defense shall promulgate the guidance in consultation with the Sec- retaries of the military departments, the Chief Housing Officer, landlords, and other interested persons. ‘‘(d) IMPLEMENTATION.—The Secretaries of the mili- tary departments shall be responsible for implementa- tion of the guidance at military installations under the jurisdiction of the Secretary concerned, while recog- nizing that the guidance cannot anticipate every situa- tion in which tenants of privatized military housing must be displaced from such housing under the cir- cumstances described in subsection (a). ‘‘(e) DEFINITIONS.—In this section, the terms ‘land- lord’, ‘privatized military housing’, and ‘tenant’ have the meanings given those terms in section 3001(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1916; 10 U.S.C. 2821 note).’’ UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED MILITARY HOUSING AND PLAN TO CONDUCT INSPEC- TIONS AND ASSESSMENTS Pub. L. 116–283, div. B, title XXVIII, § 2818, Jan. 1, 2021, 134 Stat. 4329, provided that: ‘‘(a) UNIFORM CODE OF BASIC STANDARDS FOR MILI- TARY HOUSING.—The Secretary of Defense shall expand the uniform code of basic housing standards for safety, comfort, and habitability for privatized military hous- ing established pursuant to section 3051(a) of the Mili- tary Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871 note) [set out below] to include Govern- ment-owned and Government-controlled military fam- ily housing located inside or outside the United States and occupied by members of the Armed Forces. ‘‘(b) INSPECTION AND ASSESSMENT PLAN.—The Sec- retary of Defense shall expand the Department of De- fense housing inspection and assessment plan prepared pursuant to section 3051(b) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1941; 10 U.S.C. 2871 note) [set out below] to include Government-owned and Gov- ernment-controlled military family housing located in- side or outside the United States and occupied by mem- bers of the Armed Forces and commence inspections and assessments of such military family housing pursu- ant to the plan.’’ Pub. L. 116–92, div. B, title XXX, § 3051, Dec. 20, 2019, 133 Stat. 1941, provided that: ‘‘(a) UNIFORM CODE.—Not later than February 1, 2021, the Secretary of Defense shall establish and implement a uniform code of basic housing standards for safety, comfort, and habitability for privatized military hous- ing, which shall meet or exceed requirements informed by a nationally recognized, consensus-based, model property maintenance code. ‘‘(b) INSPECTION AND ASSESSMENT PLAN.—Not later than February 1, 2020, the Secretary of Defense shall submit to the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives] a Depart- ment of Defense plan to contract with qualified home inspectors to conduct a thorough inspection and assess- ment of the structural integrity and habitability of each unit of privatized military housing. The plan shall include the implementation plan for the uniform code to be established under subsection (a). ‘‘(c) IMPLEMENTATION OF INSPECTIONS AND ASSESS- MENTS.— ‘‘(1) IMPLEMENTATION.—Not later than February 1, 2021, the Secretary of the military department con- cerned shall commence conducting inspections and assessments of units of privatized military housing pursuant to the plan submitted under subsection (b) to identify issues and ensure compliance with appli- cable housing codes, including the uniform code es- tablished under subsection (a). ‘‘(2) REPORT.—Not later than March 1, 2021, the Sec- retary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the findings of the in- spections and assessments conducted under para- graph (1). ‘‘(d) QUALIFIED HOME INSPECTORS DESCRIBED.—For purposes of this section, a qualified home inspector must possess the appropriate credentials for the work the inspector will perform, as defined by the respective State in which the work will be performed. A qualified home inspector may not be an employee or in a fidu- ciary relationship with— ‘‘(1) the Federal Government; or ‘‘(2) an individual or entity who owns or manages privatized military housing.’’ [For definition of ‘‘privatized military housing’’ as used in section 3051 of Pub. L. 116–92, set out above, see section 3001(a) of Pub. L. 116–92, set out as a note under section 2821 of this title.] RADON TESTING OF PRIVATIZED MILITARY HOUSING Pub. L. 116–92, div. B, title XXX, § 3061, Dec. 20, 2019, 133 Stat. 1946, provided that: ‘‘(a) REPORT.—Not later than March 1, 2020, the Sec- retary of Defense shall submit to the congressional de- fense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] a report identifying the installations of the Department of Defense that have privatized mili- tary housing that should be monitored for levels of radon at or above the action level. ‘‘(b) TESTING PROCEDURES AND STANDARDS.—The Sec- retaries of the military departments shall ensure that landlords providing privatized military housing at in- stallations identified under subsection (a) establish testing procedures that are consistent with then cur- rent national consensus standards and are in compli- ance with applicable Federal, State, and local radon regulations in order to ensure radon levels are below recommended levels established by the Environmental Protection Agency, whether through— ‘‘(1) regular testing of privatized military housing by persons who possess certification pursuant to the proficiency program operated under section 305(a)(2) of the Toxic Substances Control Act (15 U.S.C. 2665(a)(2)); or ‘‘(2) the installation of monitoring equipment in privatized military housing. ‘‘(c) NOTIFICATION REGARDING NEED FOR MITIGATION.— If, as a result of testing described in subsection (b), a unit of privatized military housing needs radon mitiga- tion to ensure radon levels are below recommended lev- els, the landlord providing the housing unit shall sub- mit to the Secretary of the military department con- cerned, not later than seven days after the determina- tion of the need for radon mitigation, the mitigation plan for the housing unit.’’ [For definitions of ‘‘landlord’’ and ‘‘privatized mili- tary housing’’ as used in section 3061 of Pub. L. 116–92, set out above, see section 3001(a) of Pub. L. 116–92, set out as a note under section 2821 of this title.] Page 2298 TITLE 10—ARMED FORCES § 2871 MILITARY HOUSING PRIVATIZATION INITIATIVE Pub. L. 115–232, div. A, title VI, § 606, Aug. 13, 2018, 132 Stat. 1795, as amended by Pub. L. 116–92, div. B, title XXX, §§ 3036(a), 3037, Dec. 20, 2019, 133 Stat. 1938, 1939; Pub. L. 116–283, div. B, title XXVIII, § 2811(i), Jan. 1, 2021, 134 Stat. 4326; Pub. L. 117–81, div. B, title XXVIII, § 2811, Dec. 27, 2021, 135 Stat. 2191; Pub. L. 118–31, div. B, title XXVIII, §§ 2822(c), 2839(d), Dec. 22, 2023, 137 Stat. 751, 761, provided that: ‘‘(a) USE OF FUNDS IN CONNECTION WITH MHPI.— ‘‘(1) PAYMENTS TO LESSORS GENERALLY.— ‘‘(A) PAYMENT AUTHORITY.—Each month begin- ning with the first month after the date of the en- actment of the National Defense Authorization Act for Fiscal Year 2020 [Dec. 20, 2019], each Secretary of a military department shall use funds, in an amount determined under subparagraph (B), to make monthly payments to lessors of covered hous- ing in the manner provided by this subsection, as in effect on the day before the date of the enactment of the National Defense Authorization Act for Fis- cal Year 2020. ‘‘(B) CALCULATION OF MONTHLY PAYMENTS.—For purposes of making payments under subparagraph (A) for a month, the Secretary of the military de- partment concerned shall determine the amount equal to 50 percent of the aggregate of the amounts calculated under section 403(b)(3)(A)(ii) of title 37, United States Code, for covered housing under the jurisdiction of the Secretary for that month. ‘‘(2) ADDITIONAL PAYMENTS TO LESSORS RESPONSIBLE FOR UNDERFUNDED PROJECTS.— ‘‘(A) PAYMENT AUTHORITY.—Except as provided in subparagraph (D), each month beginning with the first month after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary of a military department shall use funds, in an amount determined under subpara- graph (B), to make additional monthly payments, under such terms and in such amounts as deter- mined by the Secretary, to one or more lessors re- sponsible for underfunded MHPI housing projects identified pursuant to subparagraph (C) under the jurisdiction of the Secretary for the purposes of fu- ture sustainment, recapitalization, and financial sustainability of the projects. ‘‘(B) CALCULATION OF MONTHLY PAYMENTS.—For purposes of making payments under subparagraph (A) for a month, the Secretary of the military de- partment concerned shall determine the amount equal to 50 percent of the aggregate of the amounts calculated under section 403(b)(3)(A)(ii) of title 37, United States Code, for covered housing under the jurisdiction of the Secretary for that month. ‘‘(C) IDENTIFICATION OF UNDERFUNDED PROJECTS.— The Chief Housing Officer of the Department of De- fense, in conjunction with the Secretaries of the military departments, shall assess MHPI housing projects for the purpose of identifying all MHPI housing projects that are underfunded. Once identi- fied, the Chief Housing Officer shall prioritize for payments under subparagraph (A) those MHPI housing projects most in need of funding to rectify such underfunding. ‘‘(D) LIMITATION ON PAYMENT.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the Sec- retary of a military department may not make a payment under subparagraph (A) to a lessor un- less the Assistant Secretary of Defense for En- ergy, Installations, and Environment determines the lessor is in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of title 10, United States Code. ‘‘(ii) APPLICATION.—The limitation under clause (i) shall apply to any payment under a housing agreement entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 [Dec. 22, 2023] by the Sec- retary of a military department with a lessor. ‘‘(3) ALTERNATIVE AUTHORITY IN EVENT OF LACK OF UNDERFUNDED PROJECTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), if the Chief Housing Officer determines that no MHPI housing projects for a military department require additional funding under paragraph (2) for a month, the Secretary of the military department con- cerned, in consultation with the Chief Housing Offi- cer, may allocate the funds otherwise available to the Secretary under such paragraph for that month to support improvements designed to enhance the quality of life of members of the uniformed services and their families who reside in MHPI housing. ‘‘(B) CONDITIONS.—Before the Secretary of a mili- tary department may allocate funds as authorized by subparagraph (A), the Chief Housing Officer shall certify to the Committees on Armed Services of the Senate and the House of Representatives that there are no MHPI housing projects for the military department that require additional fund- ing under paragraph (2). The certification shall in- clude sufficient details to show why no projects are determined to need the additional funds. ‘‘(4) BRIEFING REQUIRED.—Not later than March 1, 2020, and each year thereafter, each Secretary of a military department shall provide a briefing to the Committee on Armed Services of the Senate and the House of Representatives detailing the expenditure of funds under paragraphs (2) and (3), the MHPI housing projects receiving funds under such paragraphs, and any other information the Secretary considers rel- evant. ‘‘(b) PLAN FOR MHPI HOUSING.—Not later than De- cember 1, 2018, the Secretary shall submit to the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a long-range plan to develop measures to consistently address the future sustainment, recapitalization, and financial condition of MHPI housing. The plan shall include— ‘‘(1) efforts to mitigate the losses incurred by MHPI housing projects because of the reductions to BAH under section 603 of the National Defense Authoriza- tion Act for Fiscal Year 2016 (Public Law 114-92; [which amended] 37 U.S.C. 403(b)(3)(B)); and ‘‘(2) a full assessment of the effects of such reduc- tions (in relation to calculations of market rates for rent and utilities) on the financial condition of MHPI housing. ‘‘(c) REPORTING.—The Secretary shall direct the As- sistant Secretary of Defense for Energy, Installations, and Environment to take the following steps regarding reports under section 2884(c) of title 10, United States Code: ‘‘(1) Provide additional contextual information on MHPI housing to identify any differences in the cal- culation of debt coverage ratios and any effect of such differences on their comparability. ‘‘(2) Immediately resume issuing such reports on the financial condition of MHPI housing. ‘‘(3) Revise Department of Defense guidance on MHPI housing— ‘‘(A) to ensure that relevant financial data (such as debt coverage ratios) in such reports are con- sistent and comparable in terms of the time periods of the data collected; ‘‘(B) to include a requirement that the secretary of each military department includes measures of future sustainment into each assessments of MHPI housing projects; and ‘‘(C) to require the secretary of each military de- partment to define risk tolerance regarding the fu- ture sustainability of MHPI housing projects. ‘‘(4) Report financial information on future sustainment of each MHPI housing project in such re- ports. ‘‘(5) Provide Department of Defense guidance to the secretaries of the military departments to— ‘‘(A) assess the significance of the specific risks to individual MHPI housing projects from the re- duction in BAH; and Page 2299 TITLE 10—ARMED FORCES § 2872b ‘‘(B) identify methods to mitigate such risks based on their significance. ‘‘(6) Not later than December 1, 2018, finalize De- partment of Defense guidance that clearly defines— ‘‘(A) the circumstances in which the military de- partments shall provide notification of housing project changes to the congressional defense com- mittees; and ‘‘(B) which types of such changes require prior no- tification to or prior approval from the congres- sional defense committees. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘BAH’ means the basic allowance for housing under section 403 of title 37, United States Code. ‘‘(2) The term ‘covered housing’ means a unit of MHPI housing that is leased to a member of a uni- formed service who resides in such unit. ‘‘(3) The term ‘MHPI housing’ means housing pro- cured, acquired, constructed, or for which any phase or portion of a project agreement was first finalized and signed, under the alternative authority of sub- chapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative), on or before September 30, 2014.’’ [Pub. L. 116–92, div. B, title XXX, § 3036(b), Dec. 20, 2019, 133 Stat. 1939, provided that: ‘‘The amendment made by this section [amending section 606 of Pub. L. 115–232, set out above] shall take effect on the date of the enactment of this Act [Dec. 20, 2019] and shall apply with respect to months beginning after that date.’’] § 2872. General authority In addition to any other authority provided under this chapter for the acquisition or con- struction of military family housing or military unaccompanied housing, the Secretary con- cerned may exercise any authority or any com- bination of authorities provided under this sub- chapter in order to provide for the acquisition or construction by eligible entities of the fol- lowing: (1) Family housing units on or near military installations within the United States and its territories and possessions. (2) Military unaccompanied housing units on or near such military installations. (Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 545; amended Pub. L. 106–65, div. B, title XXVIII, § 2803(b), Oct. 5, 1999, 113 Stat. 849.) Editorial Notes AMENDMENTS 1999—Pub. L. 106–65 substituted ‘‘eligible entities’’ for ‘‘private persons’’ in introductory provisions. § 2872a. Utilities and services (a) AUTHORITY TO FURNISH.—The Secretary concerned may furnish utilities and services re- ferred to in subsection (b) in connection with any military housing acquired or constructed pursuant to the exercise of any authority or combination of authorities under this sub- chapter if the military housing is located on a military installation. (b) COVERED UTILITIES AND SERVICES.—The utilities and services that may be furnished under subsection (a) are the following: (1) Electric power. (2) Steam. (3) Compressed air. (4) Water. (5) Sewage and garbage disposal. (6) Natural gas. (7) Pest control. (8) Snow and ice removal. (9) Mechanical refrigeration. (10) Telecommunications service. (11) Firefighting and fire protection services. (12) Police protection services. (13) Street sweeping. (14) Tree trimming and removal. (c) REIMBURSEMENT.—(1) The Secretary con- cerned shall be reimbursed for any utilities or services furnished under subsection (a). (2) The amount of any cash payment received under paragraph (1) as reimbursement for the cost of furnishing utilities or services shall— (A) in the case of a cost paid using funds ap- propriated or otherwise made available before October 1, 2014, be credited to the appropria- tion or working capital account from which the cost of furnishing utilities or services con- cerned was paid; or (B) in the case of a cost paid using funds ap- propriated or otherwise made available on or after October 1, 2014, be credited to the appro- priation or working capital account currently available for the purpose of furnishing utili- ties or services under subsection (a). (3) Amounts credited under paragraph (2) to an appropriation or account shall be merged with funds in such appropriation or account, and shall be available to the same extent, and sub- ject to the same terms and conditions, as such funds. (Added Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2805(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–414; amended Pub. L. 107–314, div. B, title XXVIII, § 2802(a), Dec. 2, 2002, 116 Stat. 2703; Pub. L. 113–66, div. B, title XXVIII, § 2804, Dec. 26, 2013, 127 Stat. 1007; Pub. L. 116–92, div. B, title XXX, § 3032, Dec. 20, 2019, 133 Stat. 1936.) Editorial Notes AMENDMENTS 2019—Subsec. (b)(13), (14). Pub. L. 116–92 added pars. (13) and (14). 2013—Subsec. (c)(2), (3). Pub. L. 113–66 substituted ‘‘under paragraph (1) as reimbursement for the cost of furnishing utilities or services shall—’’ for ‘‘under para- graph (1) shall be credited to the appropriation or working capital account from which the cost of fur- nishing the utilities or services concerned was paid.’’, added subpars. (A) and (B), designated second sentence of par. (2) as par. (3), and substituted ‘‘Amounts cred- ited under paragraph (2)’’ for ‘‘Amounts so credited’’. 2002—Subsec. (b)(11), (12). Pub. L. 107–314 added pars. (11) and (12). § 2872b. Treatment of breach of contract (a) RESPONSE TO MATERIAL BREACH.—In the case of a material breach of contract under this subchapter by a party to the contract, the Sec- retary concerned shall use the authorities avail- able to the Secretary, including withholding amounts to be paid under the contract, to en- courage the party to cure the breach. (b) RESCINDING OF CONTRACT.—If a material breach of the contract is not cured in a timely manner, as determined by the Secretary con- cerned, the Secretary may—