10 U.S.C. § 2872 — General authority

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—