§ 2801. Scope of chapter; definitions

• (a) The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in section 210 of title 23 ).
• (b) A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
• (c) In this chapter and chapter 173 of this title:
  • (1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
  • (2) The term “facility” means a building, structure, or other improvement to real property.
  • (3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
  • (4) The term “military installation” means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense, without regard to the duration of operational control.
  • (5) The term “Secretary concerned” includes the Secretary of Defense with respect to matters concerning the Defense Agencies.
• (d) This chapter (other than sections 2830, 2835, and 2836 of this chapter) does not apply to the Coast Guard or to civil works projects of the Army Corps of Engineers.

§ 2802. Military construction projects

• (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 ) 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; and
  • (5) planning, supervision, administration, and overhead incident to the project.
• (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 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) will be carried out pursuant to a provision of law other than a Military Construction Authorization Act, the Secretary concerned shall—
    • (A) comply with the congressional notification requirement contained in the provision of law under which the construction project, land acquisition, or defense access road project will be carried out and submit to the congressional defense committees any materials required to be submitted to Congress or any other congressional committees pursuant to the congressional notification requirement; or
    • (B) in the absence of such a congressional notification requirement, submit to the congressional defense committees, in an electronic medium pursuant to section 480 of this title , a report describing the construction project, land acquisition, or defense access road project at least 15 days before commencing the construction project, land acquisition, or defense access road project.
  • (2) Except as provided in paragraph (3), a construction project, land acquisition, or defense access road project subject to the notification requirement imposed by paragraph (1) is a construction project, land acquisition, or defense access road project that—
    • (A) is not specifically authorized in a Military Construction Authorization Act;
    • (B) will be carried out by a military department, Defense Agency, or Department of Defense Field Activity; and
    • (C) will be located on a military installation.
  • (3) This subsection does not apply to a construction project, land acquisition, or defense access road project described in paragraph (2) whose cost is less than or equal to the threshold amount specified in section 2805(b) of this title .
• (f)
  • (1) In addition to any other applicable consultation requirement pursuant to law or Department of Defense policy, if a proposed military construction project is likely to significantly impact tribal lands, known sacred sites, or tribal treaty rights, the Secretary concerned shall initiate consultation with the tribal government of each impacted Indian tribe—
    • (A) to determine the nature and extent of such impact;
    • (B) to determine whether such impact can be avoided or mitigated in the design and implementation of the project; and
    • (C) if such impact cannot be avoided, to develop feasible measures consistent with applicable law to mitigate the impact and estimate the cost of the mitigation measures.
  • (2) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned, to the extent possible at the time of such submission, shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and (C) of such paragraph.
  • (3) The requirement under paragraph (1) does not affect the obligation of the Secretary concerned to comply with any other applicable consultation requirement pursuant to law or Department of Defense policy.
  • (4) In this subsection:
    • (A) The term “Indian tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
    • (B) The term “tribal government” means the recognized governing body of an Indian tribe.
    • (C) The term “sacred site” has the meaning given that term in Executive Order No. 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.

§ 2803. Emergency construction

• (a) Subject to subsections (b) and (c), the Secretary concerned may carry out a military construction project not otherwise authorized by law if the Secretary determines (1) that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and (2) that the requirement for the project is so urgent that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
• (b) When a decision is made to carry out a military construction project under this section, the Secretary concerned shall submit a report to the appropriate committees of Congress on that decision. Each such report shall include (1) the justification for the project and the current estimate of the cost of the project, (2) the justification for carrying out the project under this section, and (3) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the five-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title .
• (c)
  • (1) The maximum amount that the Secretary concerned may obligate in any fiscal year under this section is $50,000,000.
  • (2) A project carried out under this section shall be carried out within the total amount of funds appropriated for military construction that have not been obligated.

§ 2804. Contingency construction

• (a) Within the amount appropriated for such purpose, the Secretary of Defense may carry out a military construction project not otherwise authorized by law, or may authorize the Secretary of a military department to carry out such a project, if the Secretary of Defense determines that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or national interest.
• (b) When a decision is made to carry out a military construction project under this section, the Secretary of Defense shall submit a report to the appropriate committees of Congress on that decision. Each such report shall include the justification for the project, the current estimate of the cost of the project, and the justification for carrying out the project under this section. The project may then be carried out only after the end of the seven-day period; and 1 1 So in original. The semicolon and “and” probably should not appear. beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title .

§ 2805. Unspecified minor construction

• (a)
  • (1) Within an amount equal to 125 percent of the amount authorized by law for such purpose, the Secretary concerned may carry out unspecified minor military construction projects not otherwise authorized by law.
  • (2) An unspecified minor military construction project is a military construction project that has an approved cost equal to or less than $6,000,000.
• (b)
  • (1) An unspecified minor military construction project costing more than $750,000 may not be carried out under this section unless approved in advance by the Secretary concerned. This paragraph shall apply even though the project is to be carried out using funds made available to enhance the deployment and mobility of military forces and supplies.
  • (2) When a decision is made to carry out an unspecified minor military construction project to which paragraph (1) is applicable and which costs more than $2,000,000, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title .
• (c) The Secretary concerned may spend from appropriations available for operation and maintenance amounts necessary to carry out an unspecified minor military construction project costing not more than $2,000,000.
• (d)
  • (1) For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend—
    • (A) from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $6,000,000, notwithstanding subsection (c); or
    • (B) from appropriations available to the Secretary concerned for military construction not otherwise authorized by law or from funds authorized to be made available under section 2363(a) of this title , amounts necessary to carry out an unspecified minor military construction project costing not more than $6,000,000.
  • (2) For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $6,000,000.
  • (3) If the Secretary concerned makes a decision to carry out an unspecified minor military construction project to which this subsection applies, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title .
  • (4) In this subsection, the term “laboratory” includes—
    • (A) a research, engineering, and development center; and
    • (B) a test and evaluation activity.
  • (5) The authority to carry out a project under this subsection expires on September 30, 2025 .
• (e) Military family housing projects for construction of new housing units may not be carried out under the authority of this section.
• (f)
  • (1) Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project inside the United States to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $10,000,000 as the result of any adjustment made under this paragraph.
  • (2) For purposes of paragraph (1), a project shall be considered to be inside the United States if the project is carried out in any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands.
  • (3) The requirements of this subsection shall not apply with respect to any fiscal year after fiscal year 2022.

§ 2806. Contributions for North Atlantic Treaty Organizations Security Investment

• (a) Within amounts authorized by law for such purpose, the Secretary of Defense may make contributions for the United States share of the cost of multilateral programs for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area.
• (b) Funds may not be obligated or expended in connection with the North Atlantic Treaty Organization Security Investment program in any year unless such funds have been authorized by law for such program.
• (c)
  • (1) The Secretary of Defense may make contributions in excess of the amount appropriated for contribution under subsection (a) if the amount of the contribution in excess of that amount does not exceed 200 percent of the amount specified by section 2805(a) of this title as the maximum amount for a minor military construction project.
  • (2) If the Secretary determines that the amount appropriated for contribution under subsection (a) in any fiscal year must be exceeded by more than the amount authorized under paragraph (1), the Secretary may make contributions in excess of such amount, but not in excess of 125 percent of the amount appropriated, only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress notice of the increase, including the reasons for the increase and the source of the funds to be used for the increase.

§ 2807. Architectural and engineering services and construction design

• (a) Within amounts appropriated for military construction and military family housing, the Secretary concerned may obtain architectural and engineering services and may carry out construction design in connection with military construction projects, family housing projects, and projects undertaken in connection with the authority provided under section 2854 of this title that are not otherwise authorized by law. Amounts available for such purposes may be used for construction management of projects that are funded by foreign governments directly or through international organizations and for which elements of the armed forces of the United States are the primary user.
• (b) In the case of architectural and engineering services and construction design to be undertaken under subsection (a) for which the estimated cost exceeds $1,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title .
• (c) If the Secretary concerned determines that the amount authorized for activities under subsection (a) in any fiscal year must be increased the Secretary may proceed with activities at such higher level only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress notice of the need for the increase, including the source of funds to be used for the increase.
• (d) For architectural and engineering services and construction design related to military construction and family housing projects, the Secretaries of the military departments may incur obligations for contracts or portions of contracts using military construction and family housing appropriations from different fiscal years to the extent that those appropriations are available for obligation.

§ 2808. Construction authority in the event of a declaration of war or national emergency

• (a) In the event of a declaration of war or the declaration by the President of a national emergency in accordance with the National Emergencies Act ( 50 U.S.C. 1601 et seq.) that requires use of the armed forces, the Secretary of Defense, without regard to any other provision of law, may undertake military construction projects, and may authorize the Secretaries of the military departments to undertake military construction projects, not otherwise authorized by law that are necessary to support such use of the armed forces. Such projects may be undertaken only within the total amount of funds that have been appropriated for military construction, including funds appropriated for family housing, that have not been obligated.
• (b) When a decision is made to undertake military construction projects authorized by this section, the Secretary of Defense shall notify, in an electronic medium pursuant to section 480 of this title , the appropriate committees of Congress of the decision and of the estimated cost of the construction projects, including the cost of any real estate action pertaining to those construction projects.
• (c) The authority described in subsection (a) shall terminate with respect to any war or national emergency at the end of the war or national emergency.

§ 2809. Long-term facilities contracts for certain activities and services

• (a) The Secretary concerned may enter into a contract for the procurement of services in connection with the construction, management, and operation of a facility on or near a military installation for the provision of an activity or service described in subsection (b) if—
  • (1) the Secretary concerned has identified the proposed project for that facility in the budget material submitted to Congress by the Secretary of Defense in connection with the budget submitted pursuant to section 1105 of title 31 for the fiscal year in which the contract is proposed to be awarded;
  • (2) the Secretary concerned has determined that the services to be provided at that facility can be more economically provided through the use of a long-term contract than through the use of conventional means; and
  • (3) the project has been authorized by law.
• (b) The activities and services referred to in subsection (a) are as follows:
  • (1) Child care services.
  • (2) Utilities, including potable and waste water treatment services.
  • (3) Depot supply activities.
  • (4) Troop housing.
  • (5) Transient quarters.
  • (6) Hospital or medical facilities.
  • (7) Other logistic and administrative services, other than depot maintenance.
• (c) A contract entered into for a project pursuant to subsection (a) shall include the following provisions:
  • (1) A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.
  • (2) A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that project for that fiscal year.
  • (3) A statement that such a commitment given under the authority of this section does not constitute an obligation of the United States.
• (d) Each contract entered into under this section shall be awarded through the use of competitive procedures as provided in chapter 137 of this title. In accordance with such procedures, the Secretary concerned shall solicit bids or proposals for a contract for each project that has been authorized by law.
• (e) A contract under this section may be for any period not in excess of 32 years, excluding the period for construction.
• (f) The Secretary concerned may enter into a contract under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a justification of the need for the facility covered by the proposed contract, including an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost effective when compared with alternative means of furnishing the same facility.

§ 2811. Repair of facilities

• (a) Using funds available to the Secretary concerned for operation and maintenance, the Secretary concerned may carry out repair projects for an entire single-purpose facility or one or more functional areas of a multipurpose facility.
• (b) A repair project costing more than $7,500,000 may not be carried out under this section unless approved in advance by the Secretary concerned. In determining the total cost of a repair project, the Secretary shall include all phases of a multi-year repair project to a single facility. In considering a repair project for approval, the Secretary shall ensure that the project is consistent with force structure plans, that repair of the facility is more cost effective than replacement, and that the project is an appropriate use of operation and maintenance funds.
• (c) Construction of new facilities or additions to existing facilities may not be carried out under the authority of this section.
• (d) When a decision is made to carry out a repair project under this section with an estimated cost in excess of $7,500,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a report containing—
  • (1) the justification for the repair project and the current estimate of the cost of the project, including, in the case of a multi-year repair project to a single facility, the total cost of all phases of the project;
  • (2) if the current estimate of the cost of the repair project exceeds 75 percent of the estimated cost of a military construction project to replace the facility, an explanation of the reasons why replacement of the facility is not in the best interest of the Government; and
  • (3) a description of the elements of military construction, including the elements specified in section 2802(b) of this title , incorporated into the repair project.
• (e) In this section, the term “repair project” means a project—
  • (1) to restore a real property facility, system, or component to such a condition that it may effectively be used for its designated functional purpose; or
  • (2) to convert a real property facility, system, or component to a new functional purpose without increasing its external dimensions.

§ 2812. Lease-purchase of facilities

• (a)
  • (1) The Secretary concerned may enter into an agreement with a private contractor for the lease of a facility of the kind specified in paragraph (2) if the facility is provided at the expense of the contractor on a military installation under the jurisdiction of the Department of Defense.
  • (2) The facilities that may be leased pursuant to paragraph (1) are as follows:
    • (A) Administrative office facilities.
    • (B) Troop housing facilities.
    • (C) Energy production facilities.
    • (D) Utilities, including potable and waste water treatment facilities.
    • (E) Hospital and medical facilities.
    • (F) Transient quarters.
    • (G) Depot or storage facilities.
    • (H) Child care centers.
    • (I) Classroom and laboratories.
• (b) Leases entered into under subsection (a)—
  • (1) may not exceed a term of 32 years;
  • (2) shall provide that, at the end of the term of the lease, title to the leased facility shall vest in the United States; and
  • (3) shall include such other terms and conditions as the Secretary concerned determines are necessary or desirable to protect the interests of the United States.
• (c)
  • (1) The Secretary concerned may enter into a lease under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a justification of the need for the facility covered by the proposed lease, including an economic analysis (based upon accepted life-cycle costing procedures) that demonstrates the cost effectiveness of the proposed lease compared with a military construction project for the same facility.
  • (2) Each Secretary concerned may, under this section, enter into—
    • (A) not more than three leases in fiscal year 1990; and
    • (B) not more than five leases in each of the fiscal years 1991 and 1992.
• (d) Each lease entered into under this section shall include a provision that the obligation of the United States to make payments under the lease in any fiscal year is subject to the availability of appropriations for that purpose.

§ 2813. Acquisition of existing facilities in lieu of authorized construction

• (a) Using funds appropriated for a military construction project authorized by law for a military installation, the Secretary of the military department concerned may acquire an existing facility (including the real property on which the facility is located) at or near the military installation instead of carrying out the authorized military construction project if the Secretary determines that—
  • (1) the acquisition of the facility satisfies the requirements of the military department concerned for the authorized military construction project; and
  • (2) it is in the best interests of the United States to acquire the facility instead of carrying out the authorized military construction project.
• (b)
  • (1) As part of the acquisition of an existing facility under subsection (a), the Secretary of the military department concerned may carry out such modifications, repairs, or conversions of the facility as the Secretary considers to be necessary so that the facility satisfies the requirements for which the military construction project was authorized.
  • (2) The costs of anticipated modifications, repairs, or conversions under paragraph (1) are required to remain within the authorized amount of the military construction project. The Secretary concerned shall consider such costs in determining whether the acquisition of an existing facility is—
    • (A) more cost effective than carrying out the authorized military construction project; and
    • (B) in the best interests of the United States.
• (c) A contract may not be entered into for the acquisition of a facility under subsection (a) until the Secretary concerned notifies the appropriate committees of Congress of the determination to acquire an existing facility instead of carrying out the authorized military construction project. The notification shall include the reasons for acquiring the facility. After the notification is transmitted, the Secretary may then enter into the contract only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title .

§ 2814. Special authority for development of Ford Island, Hawaii

• (a)
  • (1) Subject to paragraph (2), the Secretary of the Navy may exercise any authority or combination of authorities in this section for the purpose of developing or facilitating the development of Ford Island, Hawaii, to the extent that the Secretary determines the development is compatible with the mission of the Navy.
  • (2) The Secretary of the Navy may not exercise any authority under this section until—
    • (A) the Secretary submits to the appropriate committees of Congress a master plan for the development of Ford Island, Hawaii; and
    • (B) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees.
• (b)
  • (1) The Secretary of the Navy may convey to any public or private person or entity all right, title, and interest of the United States in and to any real property (including any improvements thereon) or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
    • (A) is excess to the needs of the Navy and all of the other armed forces; and
    • (B) will promote the purpose of this section.
  • (2) A conveyance under this subsection may include such terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
• (c)
  • (1) The Secretary of the Navy may lease to any public or private person or entity any real property or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
    • (A) is not needed for current operations of the Navy and all of the other armed forces; and
    • (B) will promote the purpose of this section.
  • (2) A lease under this subsection shall be subject to section 2667(b)(1) of this title and may include such other terms as the Secretary considers appropriate to protect the interests of the United States.
  • (3) A lease of real property under this subsection may provide that, upon termination of the lease term, the lessee shall have the right of first refusal to acquire the real property covered by the lease if the property is then conveyed under subsection (b).
  • (4)
    • (A) The Secretary may provide property support services to or for real property leased under this subsection.
    • (B) To the extent provided in appropriations Acts, any payment made to the Secretary for services provided under this paragraph shall be credited to the appropriation, account, or fund from which the cost of providing the services was paid.
• (d)
  • (1) The Secretary of the Navy may acquire a leasehold interest in any facility constructed under subsection (f) as consideration for a transaction authorized by this section upon such terms as the Secretary considers appropriate to promote the purpose of this section.
  • (2) The term of a lease under paragraph (1) may not exceed 10 years, unless the Secretary of Defense approves a term in excess of 10 years for purposes of this section.
  • (3) A lease under this subsection may provide that, upon termination of the lease term, the United States shall have the right of first refusal to acquire the facility covered by the lease.
• (e) The Secretary of the Navy shall use competitive procedures for purposes of selecting the recipient of real or personal property under subsection (b) and the lessee of real or personal property under subsection (c).
• (f)
  • (1) As consideration for the conveyance of real or personal property under subsection (b), or for the lease of real or personal property under subsection (c), the Secretary of the Navy shall accept cash, real property, personal property, or services, or any combination thereof, in an aggregate amount equal to not less than the fair market value of the real or personal property conveyed or leased.
  • (2) Subject to subsection (i), the services accepted by the Secretary under paragraph (1) may include the following:
    • (A) The construction or improvement of facilities at Ford Island.
    • (B) The restoration or rehabilitation of real property at Ford Island.
    • (C) The provision of property support services for property or facilities at Ford Island.
• (g) The Secretary of the Navy may carry out a transaction authorized by this section only after the end of the 20-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress notice of the transaction, including a detailed description of the transaction and a justification for the transaction specifying the manner in which the transaction will meet the purposes of this section.
• (h)
  • (1) There is established on the books of the Treasury an account to be known as the “Ford Island Improvement Account”.
  • (2) There shall be deposited into the account the following amounts:
    • (A) Amounts authorized and appropriated to the account.
    • (B) Except as provided in subsection (c)(4)(B), the amount of any cash payment received by the Secretary for a transaction under this section.
• (i)
  • (1) Subject to paragraph (2), to the extent provided in advance in appropriations Acts, funds in the Ford Island Improvement Account may be used as follows:
    • (A) To carry out or facilitate the carrying out of a transaction authorized by this section.
    • (B) To carry out improvements of property or facilities at Ford Island.
    • (C) To obtain property support services for property or facilities at Ford Island.
  • (2) To extent that the authorities provided under subchapter IV of this chapter are available to the Secretary of the Navy, the Secretary may not use the authorities in this section to acquire, construct, or improve family housing units, military unaccompanied housing units, or ancillary supporting facilities related to military housing.
  • (3)
    • (A) The Secretary may transfer funds from the Ford Island Improvement Account to the following funds:
      • (i) The Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of this title .
      • (ii) The Department of Defense Military Unaccompanied Housing Improvement Fund established by section 2883(a)(2) of this title .
    • (B) Amounts transferred under subparagraph (A) to a fund referred to in that subparagraph shall be available in accordance with the provisions of section 2883 of this title for activities authorized under subchapter IV of this chapter at Ford Island.
• (j) Except as otherwise provided in this section, transactions under this section shall not be subject to the following:
  • (1) Sections 2667 and 2696 of this title.
  • (2) Section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ).
  • (3) Subchapter II of chapter 5 and sections 541–555 of title 40.
• (k) Nothing in this section shall be construed to waive the applicability to any lease entered into under this section of the budget scorekeeping guidelines used to measure compliance with the Balanced Budget and Emergency Deficit Control Act of 1985.
• (l) In this section, the term “property support service” means the following:
  • (1) Any utility service or other service listed in section 2686(a) of this title .
  • (2) Any other service determined by the Secretary to be a service that supports the operation and maintenance of real property, personal property, or facilities.

§ 2815. Military installation resilience projects

• (a) The Secretary of Defense shall carry out military construction projects for military installation resilience, in accordance with section 2802 of this title .
• (b)
  • (1) When a decision is made to carry out a project under this section, the Secretary of Defense shall notify the congressional defense committees of that decision.
  • (2) The Secretary of Defense shall include in each notification submitted under paragraph (1) the rationale for how the project would—
    • (A) enhance military installation resilience;
    • (B) enhance mission assurance;
    • (C) support mission critical functions; and
    • (D) address known vulnerabilities.
• (c) A project may be carried out under this section only after the end of the 14-day period beginning on the date that notification with respect to that project under subsection (b) is received by the congressional defense committees in an electronic medium pursuant to section 480 of this title .
• (d) Not later than 90 days after the end of each fiscal year until December 31, 2025 , the Secretary of Defense shall submit to the congressional defense committees a report on the status of the planned and active projects carried out under this section (including completed projects), and shall include in the report with respect to each such project the following information:
  • (1) The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate.
  • (2) The information provided under subsection (b)(2).
  • (3) Such other information as the Secretary considers appropriate.

§ 2821. Requirement for authorization of appropriations for construction and acquisition of military family housing

• (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 ; 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 monoxide detectors in each unit of military family housing under the jurisdiction of the Secretary.

§ 2822. Requirement for authorization of number of family housing units

• (a) Except as otherwise provided in subsection (b) or as otherwise authorized by law, the Secretary concerned may not construct or acquire military family housing units unless the number of units to be constructed or acquired has been specifically authorized by law.
• (b) Subsection (a) does not apply to the following:
  • (1) Housing units acquired under section 404 of the Housing Amendments of 1955 ( 42 U.S.C. 1594a ).
  • (2) Housing units leased under section 2828 of this title .
  • (3) Housing units acquired under the Homeowners Assistance Program referred to in section 2832 of this title .
  • (4) Housing units acquired without consideration.
  • (5) Replacement housing units constructed under section 2825(c) of this title .
  • (6) Housing units constructed or provided under section 2869 of this title .

§ 2824. Authorization for acquisition of existing family housing in lieu of construction

• (a) In lieu of constructing any family housing units authorized by law to be constructed, the Secretary concerned may acquire sole interest in existing family housing units that are privately owned or that are held by the Department of Housing and Urban Development, except that in foreign countries the Secretary concerned may acquire less than sole interest in existing family housing units.
• (b) When authority provided by law to construct military family housing units is used to acquire existing family housing units under subsection (a), the authority includes authority to acquire interests in land.
• (c) The net floor area of a family housing unit acquired under the authority of this section may not exceed the applicable limitation specified in section 2826 of this title . The Secretary concerned may waive the limitation set forth in the preceding sentence to family housing units acquired under this section during the five-year period beginning on February 10, 1996 .
• (d) Family housing units may not be acquired under this section through the exercise of eminent domain authority.

§ 2825. Improvements to family housing units

• (a)
  • (1) Authority provided by law to improve existing military family housing units and ancillary family housing support facilities is authority to make alterations, additions, expansions, and extensions.
  • (2) In this section, the term “improvement” includes rehabilitation of a housing unit and major maintenance or repair work to be accomplished concurrently with an improvement project. Such term does not include day-to-day maintenance and repair work.
• (b)
  • (1) Funds may not be expended for the improvement of any single family housing unit, or for the improvement of two or more housing units that are to be converted into or are to be used as a single family housing unit, if the cost per unit of such improvement will exceed (A) $50,000 multiplied by the area construction cost index as developed by the Department of Defense for the location concerned at the time of contract award, or (B) in the case of improvements necessary to make the unit suitable for habitation by a handicapped person, $60,000 multiplied by such index.
  • (2) The Secretary concerned may waive the limitations contained in paragraph (1) if such Secretary determines that, considering the useful life of the structure to be improved and the useful life of a newly constructed unit and the cost of construction and of operation and maintenance of each kind of unit over its useful life, the improvement will be cost-effective. If the Secretary concerned makes a determination under the preceding sentence with respect to an improvement, the waiver under that sentence with respect to that improvement may take effect only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress notice of the proposed waiver, together with an economic analysis demonstrating that the improvement will be cost effective.
  • (3) In determining the applicability of the limitation contained in paragraph (1), the Secretary concerned shall include as part of the cost of the improvement of the unit or units concerned the following:
    • (A) The cost of major maintenance or repair work undertaken in connection with the improvement.
    • (B) Any cost, other than the cost of activities undertaken beyond a distance of five feet from the unit or units concerned, in connection with—
      • (i) the furnishing of electricity, gas, water, and sewage disposal;
      • (ii) the construction or repair of roads, drives, and walks; and
      • (iii) grading and drainage work.
  • (4) In determining the applicability of the limitation contained in paragraph (1), the Secretary concerned shall not include as part of the cost of the improvement of the unit or units concerned the following:
    • (A) The cost of the installation of communications, security, or antiterrorism equipment required by an occupant of the unit or units to perform duties assigned to the occupant as a member of the armed forces.
    • (B) The cost of the maintenance or repair of equipment described in subparagraph (A) installed for the purpose specified in such subparagraph.
  • (5) The limitation contained in paragraph (1) does not apply to a project for the improvement of a family housing unit or units referred to in that paragraph if the project (including the amount requested for the project) is identified in the budget materials submitted to Congress by the Secretary of Defense in connection with the submission to Congress of the budget for a fiscal year pursuant to section 1105 of title 31 .
• (c)
  • (1) The Secretary concerned may construct replacement military family housing units in lieu of improving existing military family housing units if—
    • (A) the improvement of the existing housing units has been authorized by law; and
    • (B) the Secretary determines that the improvement project is no longer cost-effective after a review of post-design or bid cost estimates.
  • (2) The amount that may be expended to construct replacement military family housing units under this subsection may not exceed the amount that is otherwise available to carry out the previously authorized improvement project.
• (d) This section does not apply to projects authorized for restoration or replacement of housing units that have been damaged or destroyed.

§ 2826. Military family housing: local comparability of room patterns and floor areas

• (a) In the construction, acquisition, and improvement of military family housing, the Secretary concerned shall ensure that the room patterns and floor areas of military family housing in a particular locality (as designated by the Secretary concerned for purposes of this section) are similar to room patterns and floor areas of similar housing in the private sector in that locality.
• (b)
  • (1) In submitting to Congress a request for authority to carry out the construction, acquisition, or improvement of military family housing, the Secretary concerned shall include in the request information on the net floor area of each unit of military family housing to be constructed, acquired, or improved under the authority.
  • (2) In this subsection, the term “net floor area”, in the case of a military family housing unit, means the total number of square feet of the floor space inside the exterior walls of the unit, excluding the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a stairwell, and any space used for a solar-energy system.

§ 2827. Relocation of military family housing units

• (a) Subject to subsection (b), the Secretary concerned may relocate existing military family housing units from any location where the number of such units exceeds requirements for military family housing to any military installation where there is a housing shortage.
• (b) A contract to carry out a relocation of military family housing units under subsection (a) may be awarded only after the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress notice of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation.

§ 2828. Leasing of military family housing

• (a)
  • (1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installation in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the armed forces and for assignment, with fair market rental charge, as family housing to civilian employees of the Department of Defense stationed at such installation.
  • (2) A lease may only be made under paragraph (1) if the Secretary concerned finds that there is a shortage of adequate housing at or near such military installation and that—
    • (A) the requirement for such housing is temporary;
    • (B) leasing would be more cost effective than construction or acquisition of new housing;
    • (C) family housing is required for personnel attending service school academic courses on permanent change of station orders;
    • (D) construction of family housing at such installation has been authorized by law but is not yet completed; or
    • (E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family housing at such installation.
• (b)
  • (1) Not more than 10,000 family housing units may be leased at any one time under subsection (a).
  • (2) Except as provided in paragraphs (3), (4), and (7), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed $12,000 per unit per year, as adjusted from time to time under paragraph (5).
  • (3) Not more than 500 housing units may be leased under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum amount per unit per year in effect under paragraph (2) but does not exceed $14,000 per unit per year, as adjusted from time to time under paragraph (5).
  • (4)
    • (A) The Secretary of the Army may lease not more than eight housing units in the vicinity of Miami, Florida, for key and essential personnel, as designated by the Secretary, for the United States Southern Command for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation, including security enhancements) exceeds the expenditure limitations in paragraphs (2) and (3).
    • (B) The amount of all leases under this paragraph may not exceed $280,000 per year, as adjusted from time to time under paragraph (6).
    • (C) The term of any lease under this paragraph may not exceed 5 years.
    • (D) Until September 30, 2008 , the Secretary of the Army may authorize family members of a member of the armed forces on active duty who is assigned to a family-member-restricted area and who, before such assignment, was occupying a housing unit leased under this paragraph, to remain in the leased housing unit until the member completes the assignment. Costs incurred for the leased housing unit during the assignment shall be included in the costs subject to the limitation under subparagraph (B).
  • (5) At the beginning of each fiscal year, the Secretary concerned shall adjust the maximum lease amount provided for leases under paragraphs (2), (3), and (7) for the previous fiscal year by the percentage (if any) by which the national average monthly cost of housing (as calculated for purposes of determining rates of basic allowance for housing under section 403 of title 37 ) for the preceding fiscal year exceeds the national average monthly cost of housing (as so calculated) for the fiscal year before such preceding fiscal year.
  • (6) At the beginning of each fiscal year, the Secretary of the Army shall adjust the maximum aggregate amount for leases under paragraph (4) for the previous fiscal year by the percentage (if any) by which the annual average cost of housing for the Miami Military Housing Area (as calculated for purposes of determining rates of basic allowance for housing under section 403 of title 37 ) for the preceding fiscal year exceeds the annual average cost of housing for the Miami Military Housing Area (as so calculated) for the fiscal year before such preceding fiscal year.
  • (7)
    • (A) Not more than 600 housing units may be leased by the Secretary of the Army under subsection (a) for which the expenditure for the rental of such units (including the cost of utilities, maintenance, and operation) exceeds the maximum amount per unit per year in effect under paragraph (2) but does not exceed $35,000 per unit per year, as adjusted from time to time under paragraph (5).
    • (B) The maximum lease amount provided in subparagraph (A) shall apply only to Army family housing in areas designated by the Secretary of the Army.
    • (C) The term of a lease under subparagraph (A) may not exceed 2 years.
• (c) The Secretary concerned may lease housing facilities in foreign countries for assignment, without rental charge, as family housing to members of the armed forces and for assignment, with or without rental charge, as family housing to civilian employees of the Department of Defense—
  • (1) under circumstances specified in clause (A), (B), (D), or (E) of subsection (a)(2);
  • (2) for incumbents of special command positions (as determined by the Secretary of Defense);
  • (3) in countries where excessive costs of housing or other lease terms would cause undue hardship on Department of Defense personnel; and
  • (4) in countries that prohibit leases by individual military or civilian personnel of the United States.
• (d)
  • (1) Leases of housing units in foreign countries under subsection (c) for assignment as family housing may be for any period not in excess of 10 years, or 15 years in the case of leases in Korea, and the costs of such leases for any year may be paid out of annual appropriations for that year.
  • (2) The Secretary may enter into an agreement under this paragraph in connection with a lease entered into under subsection (c). Such an agreement—
    • (A) shall be for the purpose of compensating a developer for any costs resulting from the termination of the lease during the construction of the housing units that are to be occupied pursuant to the lease;
    • (B) may be for a period not in excess of three years; and
    • (C) shall include a provision that the obligation of the United States to make payments under the agreement in any fiscal year is subject to the availability of appropriations.
• (e)
  • (1) Expenditures for the rental of family housing in foreign countries (including the costs of utilities, maintenance, and operation) may not exceed $20,000 per unit per year, except that 450 units may be leased in foreign countries for not more than $25,000 per unit per year. These maximum lease amounts may be waived by the Secretary concerned with respect to not more than a total of 350 such units that are leased for incumbents of special positions or for personnel assigned to Defense Attache Offices or that are leased in countries where excessive costs of housing would cause undue hardship on Department of Defense personnel.
  • (2) In addition to the 450 units of family housing referred to in paragraph (1) for which the maximum lease amount is $25,000 per unit per year, the Secretaries of the military departments may lease not more than 3,300 units of family housing in Italy, subject to that maximum lease amount.
  • (3) In addition to the 450 units of family housing referred to in paragraph (1) for which the maximum lease amount is $25,000 per unit per year, the Secretary of the Army may lease not more than 1,175 units of family housing in Korea subject to that maximum lease amount.
  • (4) In addition to the units of family housing referred to in paragraph (1) for which the maximum lease amount is $25,000 per unit per year, the Secretary of the Army may lease not more than 2,800 units of family housing in Korea subject to a maximum lease amount of $35,000 per unit per year.
  • (5) The Secretary concerned shall adjust the maximum lease amounts provided for under paragraphs (1), (2), (3), and (4) for the previous fiscal year—
    • (A) for foreign currency fluctuations from October 1, 1987 ; and
    • (B) at the beginning of each fiscal year, by the percentage (if any) by which the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, during the preceding fiscal year exceeds such Consumer Price Index for the fiscal year before such preceding fiscal year.
  • (6) The maximum number of family housing units that may be leased in foreign countries under this section at any one time is 55,775.
• (f) A lease for family housing facilities, or for real property related to family housing facilities, in a foreign country for which the average estimated annual rental during the term of the lease exceeds $1,000,000 may be made under this section only after the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress notice of the facts concerning the proposed lease.
• (g) Appropriations available to the Department of Defense for maintenance or construction may be used for the acquisition of interests in land under this section.

§ 2829. Multi-year contracts for supplies and services

The Secretary concerned may make contracts for periods of up to four years for supplies and services for the management, maintenance, and operation of military family housing and may pay the costs of such contracts for each year out of annual appropriations for that year.

§ 2830. Occupancy of substandard family housing units

• (a)
  • (1) A member of the uniformed services with dependents may, without loss of the member’s basic allowance for housing under section 403 of title 37 , occupy a substandard family housing unit under the jurisdiction of the Secretary concerned.
  • (2) Occupancy of a family housing unit under paragraph (1) shall be subject to a charge against the member’s basic allowance for housing in the amount of the fair rental value of the housing unit. However, such a charge may not be made in an amount in excess of 75 percent of the amount of such allowance.
• (b)
  • (1) The Secretary concerned may lease substandard family housing units to members of any of the uniformed services for occupancy by such members.
  • (2) The authority to enter into leases under paragraph (1) shall be exercised—
    • (A) in the case of a lease by the Secretary of a military department, subject to regulations prescribed by the Secretary of Defense; and
    • (B) in the case of a lease by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, subject to regulations prescribed by that Secretary.

§ 2831. Military family housing management account

• (a) There is on the books of the Treasury an account known as the Department of Defense Military Family Housing Management Account (hereinafter in this section referred to as the “account”). The account shall be used for the management and administration of funds appropriated or otherwise made available to the Department of Defense for military family housing programs.
• (b) The account shall be administered as a single account. There shall be transferred into the account—
  • (1) appropriations made for the purpose of, or which are available for, the payment of costs arising in connection with the construction, acquisition, leasing, relocation, operation and maintenance, and disposal of military family housing, including the cost of principal and interest charges, and insurance premiums, arising in connection with the acquisition of such housing, and mortgage insurance premiums payable under section 222(c) 1 1 See References in Text note below. of the National Housing Act ( 12 U.S.C. 1715m(c) );
  • (2) proceeds from the rental of family housing and mobile home facilities under the control of a military department, reimbursements from the occupants of such facilities for services rendered (including utility costs), funds obtained from individuals as a result of losses, damages, or destruction to such facilities caused by the abuse or negligence of such individuals, and reimbursements from other Government agencies for expenditures from the account; and
  • (3) proceeds of the handling and the disposal of family housing of a military department (including related land and improvements), whether carried out by a military department or any other Federal agency, but less those expenses payable pursuant to section 572(a) of title 40 .
• (c) Amounts in the account shall remain available until spent.
• (d) The Secretary concerned may make obligations against the account, in such amounts as may be specified from time to time in appropriation Acts, for the purpose of defraying, in the manner and to the extent authorized by law, the costs referred to in subsection (b).
• (e) The Secretary concerned may not carry out a maintenance or repair project for a family housing unit used, or intended for use, as quarters for a general officer or flag officer if the project will or may result in the total operation, maintenance, and repair costs for the unit for the fiscal year to exceed $35,000, until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a justification of the need for the maintenance or repair project, including an estimate of the cost of the project.

§ 2832. Homeowners assistance program

The Secretary of Defense may exercise the authority provided in section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 ).

§ 2833. Family housing support

Amounts authorized by law for support of military family housing include amounts for—

• (1) operating expenses;
• (2) leasing expenses;
• (3) maintenance of real property expenses;
• (4) payments of principal and interest on mortgage debts incurred; and
• (5) payments of mortgage insurance premiums authorized under section 222 1 1 See References in Text note below. of the National Housing Act ( 12 U.S.C. 1715m ).

§ 2834. Participation in Department of State housing pools

• (a) The Secretary concerned may enter into an agreement with the Secretary of State under which the Secretary of State agrees to provide housing and related services for personnel under the jurisdiction of the Secretary concerned who are assigned to duty in a foreign country if the Secretary concerned determines—
  • (1) that there is a shortage of adequate housing in the area of the foreign country in which such personnel are assigned to duty; and
  • (2) that participation in the Department of State housing pool is the most cost-effective means of providing housing for such personnel.
• (b) The maximum lease amounts specified in section 2828(e)(1) of this title for the rental of family housing in foreign countries shall not apply to housing made available to the Department of Defense under this section. To the extent that the lease amount for units of housing made available under this subsection exceeds such maximum lease amounts, such units shall not be counted in applying the limitation contained in such section on the number of units of family housing for which the Secretary concerned may waive such maximum lease amounts.

§ 2835. Long-term leasing of military family housing to be constructed

• (a) Subject to subsection (b), the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into a contract for the lease of family housing units to be constructed or rehabilitated to residential use near a military installation within the United States under the Secretary’s jurisdiction at which there is a shortage of family housing. Housing units leased under this section shall be assigned, without rental charge, as family housing to members of the armed forces who are eligible for assignment to military family housing.
• (b)
  • (1) The Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard, may enter into a lease contract under subsection (a) for such military housing as is authorized by law for the purposes of this section.
  • (2) The budget material submitted to Congress by the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, in connection with the budget submitted pursuant to section 1105 of title 31 for each fiscal year shall include materials that identify the military housing projects for which lease contracts are proposed to be entered into under subsection (a) in such fiscal year.
• (c) Each contract under subsection (a) shall be awarded through the use of publicly advertised, competitively bid, or competitively negotiated, contracting procedures as provided in chapter 137 of this title. In accordance with such procedures, the Secretary of a military department, or the Secretary of Homeland Security, as the case may be, shall solicit bids or proposals for a contract for the lease of military housing authorized in accordance with subsection (b)(1). Such a contract may provide for the contractor of the housing facilities to operate and maintain such housing facilities during the term of the lease.
• (d) A lease contract entered into for a military housing project under subsection (a) shall include the following provisions:
  • (1) A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.
  • (2) A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that project for that fiscal year.
  • (3) A statement that such a commitment entered into under the authority of this section does not constitute an obligation of the United States.
  • (4) A requirement that housing units constructed pursuant to the contract shall be constructed—
    • (A) to Department of Defense specifications, in the case of a Department of Defense contract; and
    • (B) to Department of Homeland Security specifications, in the case of a contract for the Coast Guard.
• (e) A contract under this section may be for any period not in excess of 20 years (excluding the period required for construction of the housing facilities).
• (f) A contract under this section shall provide that, upon the termination of the lease period, the United States shall have the right of first refusal to acquire all right, title, and interest to the housing facilities constructed and leased under the contract.
• (g) A contract may be entered into for the lease of housing facilities under this section only after the end of the 14-day period beginning on the date on which the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost-effective when compared with alternative means of furnishing the same housing facilities.
• (h) A contract for the lease of family housing under this section may include provision for the lease of a child care center, civic center building, and similar type buildings constructed for the support of family housing.

§ 2835a. Use of military family housing constructed under build and lease authority to house other members

• (a)
  • (1) To the extent that the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is not needed to house members of the armed forces eligible for assignment to military family housing, the Secretary may assign, without rental charge, members without dependents to the housing.
  • (2) A member without dependents who is assigned to housing pursuant to paragraph (1) shall be considered to be assigned to quarters pursuant to section 403(e) of title 37 .
• (b)
  • (1) If the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is excess to the long-term needs of the family housing program of the Secretary, the Secretary may convert the lease contract entered into under subsection (a) of such section into a long-term lease of military unaccompanied housing.
  • (2) The term of the lease contract for military unaccompanied housing converted from military family housing under paragraph (1) may not exceed the remaining term of the lease contract for the family housing so converted.
• (c) The Secretary concerned may not convert military family housing to military unaccompanied housing under subsection (b) until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a notice of the intent to undertake the conversion.
• (d) This section also shall apply to housing initially acquired or constructed under the former section 2828(g) of this title (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984 ( Public Law 98–115 ; 97 Stat 782).

§ 2836. Military housing rental guarantee program

• (a) Subject to subsection (b), the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into an agreement to assure the occupancy of rental housing to be constructed or rehabilitated to residential use by a private developer or by a State or local housing authority on private land, on land owned by a State or local government, or on land owned by the United States, if the housing is to be located on or near a new military installation or an existing military installation that has a shortage of housing to meet the requirements of eligible members of the armed forces (with or without accompanying dependents). The authority provided under this subsection shall be exercised under uniform regulations prescribed by the Secretary of Defense.
• (b) The Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard, may enter into agreements pursuant to subsection (a) for such military housing rental guaranty projects as are authorized by law.
• (c) An agreement under subsection (a)—
  • (1) may not assure the occupancy of more than 97 percent of the units constructed under the agreement;
  • (2) shall establish initial rental rates that are not more than rates for comparable rental dwelling units in the same general market area and may include an escalation clause;
  • (3) may apply to existing housing;
  • (4) shall require that the housing units be constructed—
    • (A) in the case of a Department of Defense agreement, to Department of Defense specifications or, at the discretion of the Secretary of the military department concerned, in compliance with the local building codes; and
    • (B) in the case of an agreement for the Coast Guard when it is not operating as a service in the Navy, to Department of Homeland Security specifications;
  • (5) may not be for a term in excess of 25 years;
  • (6) may not be renewed unless the project is located on government owned land, in which case the renewal period may not exceed the original contract term;
  • (7) may not assure more than an amount equivalent to the shelter rent of the housing units, determined on the basis of amortizing initial construction costs;
  • (8) may only be entered into to the extent that there is a shortage in military family housing;
  • (9) may only be entered into if existing military-controlled housing at all installations in the commuting area (except for a new installation or an installation for which there is projected a significant increase in the number of families due to an increase in the number of authorized personnel) has exceeded 97 percent use for a period of not less than 18 consecutive months immediately preceding the date on which the agreement is entered into, excluding units temporarily inactivated for major repair or improvements;
  • (10) shall provide for priority of occupancy for military families;
  • (11) shall include a provision authorizing the Secretary of the military department concerned, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, to take such action as the Secretary considers appropriate to protect the interests of the United States, including rendering the agreement null and void if, in the opinion of the Secretary, the owner of the housing fails to maintain a satisfactory level of operation and maintenance;
  • (12) may provide in the agreement for the rental of a child care center, civic center building, and similar type buildings constructed for the support of family housing;
  • (13) may provide that utilities, trash collection, snow removal, and entomological services will be furnished by the Federal Government at no cost to the occupant to the same extent that these items are provided to occupants of housing owned by the Federal Government; and
  • (14) may require that rent collection and operation and maintenance services in connection with the housing be under the terms of a separate agreement or be carried out by personnel of the Federal Government.
• (d) An agreement entered into for a project pursuant to subsection (a) shall include the following provisions:
  • (1) A statement that the obligation of the United States to make payments under the agreement in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.
  • (2) A commitment to obligate the necessary amount for each fiscal year covered by the agreement when and to the extent that funds are appropriated for such project for such fiscal year.
  • (3) A statement that such a commitment entered into under the authority of this section does not constitute an obligation of the United States.
• (e) An agreement under subsection (a) shall be made through the use of publicly advertised, competitively bid, or competitively negotiated, contracting procedures as provided in chapter 137 of this title. In accordance with such procedures, the Secretary of a military department, or the Secretary of Homeland Security, as the case may be, shall solicit bids or proposals for a guaranty agreement for each military housing rental guaranty project authorized in accordance with subsection (b).
• (f) The Secretary concerned may require that disputes arising under an agreement entered into under subsection (a) be decided in accordance with the procedures provided for by chapter 71 of title 41.

§ 2838. Leasing of military family housing to Secretary of Defense

• (a)
  • (1) The Secretary of a military department may lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title ).
  • (2) In determining the military housing unit to lease under this section, the Secretary of Defense should first consider any available military housing units that are already substantially equipped for executive communications and security.
• (b) A lease under subsection (a) shall provide for the payment by the Secretary of Defense of consideration in an amount equal to 105 percent of the monthly rate of basic allowance for housing prescribed under section 403(b) of title 37 for a member of the uniformed services in the pay grade of O–10 with dependents assigned to duty at the military installation on which the leased housing unit is located. A rate so established shall be considered the fair market value of the lease interest.
• (c)
  • (1) The Secretary of a military department shall deposit all amounts received pursuant to leases entered into by the Secretary under this section into a special account in the Treasury established for such military department.
  • (2) The proceeds deposited into the special account of a military department pursuant to paragraph (1) shall be available to the Secretary of that military department, without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of military housing on the military installation at which the housing leased pursuant to subsection (a) is located.

§ 2851. Supervision of military construction projects

• (a) Each contract entered into by the United States in connection with a military construction project or a military family housing project shall be carried out under the direction and supervision of the Secretary of the Army (acting through the Chief of Engineers), the Secretary of the Navy (acting through the Commander of the Naval Facilities Engineering Command), or such other department or Government agency as the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective completion of the project.
• (b) A military construction project for an activity or agency of the Department of Defense (other than a military department) financed from appropriations for military functions of the Department of Defense shall be accomplished by or through a military department designated by the Secretary of Defense.
• (c)
  • (1) The Secretary of Defense shall maintain an Internet site that will permit a person to access and view on a separate page of the Internet site a document or other file containing the information required by paragraph (2) for the following:
    • (A) Each military construction project or military family housing project that has been specifically authorized by Act of Congress.
    • (B) Each project carried out with funds authorized for the operation and maintenance of military family housing.
    • (C) Each project carried out with funds authorized for the improvement of military family housing units.
    • (D) Each unspecified minor construction project carried out under the authority of section 2805(a) of this title .
    • (E) Each military construction project or military family housing project regarding which a statutory requirement exists to notify Congress.
  • (2) The information to be provided via the Internet site required by paragraph (1) for each project described in such paragraph shall include the following:
    • (A) The solicitation date and award date (or anticipated dates) for each contract entered into (or to be entered into) by the United States in connection with the project.
    • (B) The contract recipient, contract award amount, construction milestone schedule proposed by the contractor, and construction completion date stipulated in the awarded contract.
    • (C) The most current Department of Defense Form 1391, Military Construction Project Data, for the project.
    • (D) The progress of the project, including the percentage of construction currently completed and the current estimated construction completion date.
    • (E) The current contract obligation of funds for the project, including any changes to the original contract award amount.
    • (F) If funds appropriated for the project have been diverted for use in another project, the project to which the funds were diverted and the amount so diverted.
    • (G) For accounts such as planning and design, unspecified minor construction, and family housing operation and maintenance, detailed information regarding expenditures and anticipated expenditures under these accounts and the purposes for which the expenditures are made.
  • (3) The information required to be provided for each project described in paragraph (1) shall be made available on the Internet site required by such paragraph not later than 90 days after the award of a contract or delivery order for the project. The Secretary of Defense shall update the required information as promptly as practicable, but not less frequently than once a month, to ensure that the information is available in a timely manner.
• (d) Not later than March 1 of each year (beginning with 2018), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on each military construction project or military family housing project for which, as of the end of the most recent fiscal year, the estimated completion date is more than 1 year later than the completion date proposed at the time the contract for the project was awarded.

§ 2852. Military construction projects: waiver of certain restrictions

• (a) The Secretary of Defense and the Secretaries of the military departments may carry out authorized military construction projects and authorized military family housing projects without regard to subsections (a) and (b) of section 3324 of title 31 .
• (b) Authority to carry out a military construction project or a military family housing project may be exercised on land not owned by the United States—
  • (1) before title to the land on which the project is to be carried out is approved under section 3111 of title 40 ; and
  • (2) even though the land will be held in other than a fee simple interest in a case in which the Secretary of the military department concerned determines that the interest to be acquired in the land is sufficient for the purposes of the project.
• (c) In the case of a military construction project or a military family housing project, the contract amount thresholds specified in subchapter III of chapter 31 of title 40 (commonly referred to as the Miller Act) shall be applied by substituting “$150,000” for “$100,000” for purposes of determining when a performance bond and payment bond are required under section 3131 of such title and when alternatives to payment bonds as payment protections for suppliers of labor and materials are required under section 3132 of such title.

§ 2853. Authorized cost and scope of work variations

• (a) Except as provided in subsection (c), (d), or (e), the cost authorized for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be increased or decreased by not more than 25 percent of the amount appropriated for such project or 200 percent of the minor construction project ceiling specified in section 2805(a) of this title , whichever is less, if the Secretary concerned determines that such revised cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reasonably been anticipated at the time the project was authorized by Congress.
• (b)
  • (1) Except as provided in subsection (c), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition. Any reduction in scope of work for a military construction project shall not result in a facility or item of infrastructure that is not complete and useable or does not fully meet the mission requirement contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.
  • (2) Except as provided in subsection (d), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may not be increased above the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.
  • (3) In this subsection, the term “scope of work” refers to the function, size, or quantity of a facility or item of complete and useable infrastructure contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition.
• (c) The limitation on cost variations in subsection (a) or the limitation on scope reduction in subsection (b)(1) does not apply if the variation in cost or reduction in the scope of work is approved by the Secretary concerned and—
  • (1) in the case of a cost increase or a reduction in the scope of work—
    • (A) the Secretary concerned notifies the appropriate committees of Congress of the cost increase or reduction in scope, the reasons therefor, a certification that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope, and a description of the funds proposed to be used to finance any increased costs; and
    • (B) a 14-day period has elapsed after the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title ; or
  • (2) in the case of a cost decrease, the Secretary concerned notifies, using an electronic medium pursuant to section 480 of this title , the appropriate committees of Congress not later than 14 days after the date funds are obligated in connection with the military construction project or military family housing project.
• (d) The limitation in subsection (b)(2) on an increase in the scope of work does not apply if—
  • (1) the increase in the scope of work is not more than 10 percent of the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition;
  • (2) the increase is approved by the Secretary concerned;
  • (3) the Secretary concerned notifies the congressional defense committees in writing of the increase in scope and the reasons therefor; and
  • (4) a period of 21 days has elapsed after the date on which the notification is received by the committees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title .
• (e) The limitation on cost variations in subsection (a) does not apply to the following:
  • (1) The settlement of a contractor claim under a contract.
  • (2) The costs associated with the required remediation of an environmental hazard in connection with a military construction project or military family housing project, such as asbestos removal, radon abatement, lead-based paint removal or abatement, or any other legally required environmental hazard remediation, if the required remediation could not have reasonably been anticipated at the time the project was approved originally by Congress.
• (f)
  • (1) In addition to the notification sent under paragraph (1) of subsection (c) of a cost increase with respect to a project, the Secretary concerned shall provide an additional report notifying the congressional defense committees and the Comptroller General of the United States of any military construction project or military family housing project with a total authorized cost greater than $40,000,000 that has a cost increase of 25 percent or more.
  • (2) The report under paragraph (1) shall include the following—
    • (A) A description of the specific reasons for the cost increase and the specific organizations and individuals responsible.
    • (B) A description of any ongoing or completed proceedings or investigation into a government employee, prime contractor, subcontractor, or non-governmental organization that may be responsible for the cost increase, and the status of such proceeding or investigation.
    • (C) If any proceeding or investigation identified in subparagraph (B) resulted in final judicial or administrative action, the following:
      • (i) In the case of a judicial or administrative action taken against a government employee, the report shall identify the individual’s organization, position within the organization, and the action taken against the individual, but shall exclude personally identifiable information about the individual.
      • (ii) In the case of a judicial or administrative action taken against a prime contractor, subcontractor, or non-governmental organization, the report shall identify the prime contractor, subcontractor, or non-governmental organization and the action taken against the prime contractor, subcontractor, or non-governmental organization.
    • (D) A summary of any changes the Secretary concerned believes may be required to the organizational structure, project management and oversight practices, policy, or authorities of a government organization involved in military construction projects as a result of problems identified and lessons learned from the project.
  • (3) If any proceeding or investigation described in paragraph (2)(C) is still ongoing at the time the Secretary concerned submits the report under paragraph (1), the Secretary shall provide a supplemental report to the congressional defense committees and the Comptroller General of the United States not later than 30 days after such proceeding or investigation has been completed. If such proceeding or investigation resulted in final judicial or administrative action against a government employee, prime contractor, subcontractor, or non-governmental organization, the Secretary shall include in the supplemental report the information required by paragraph (2)(C).
  • (4) Each report under this subsection shall be cosigned by the senior engineer authorized to supervise military construction projects and military family housing projects under section 2851(a).
  • (5) The Secretary shall send the report required under paragraph (1) with respect to a project not later than 180 days after the Secretary sends to the appropriate committees of Congress the notification under paragraph (1) of subsection (c) of a cost increase with respect to the project.
  • (6) The Comptroller General of the United States shall review each report submitted under this subsection and validate or correct as necessary the information provided.
• (g) Notwithstanding the authority under subsections (a) through (f), the Secretary concerned shall ensure compliance of contracts for military construction projects and for the construction, improvement, and acquisition of military family housing projects with section 1341 of title 31 (commonly referred to as the “Anti-Deficiency Act”).

§ 2854. Restoration or replacement of damaged or destroyed facilities

• (a) Subject to subsection (b), the Secretary concerned may repair, restore, or replace a facility under his jurisdiction, including a family housing facility, that has been damaged or destroyed.
• (b) When a decision is made to carry out construction under subsection (a) and the cost of the repair, restoration, or replacement is greater than the maximum amount for a minor construction project, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, of the current estimate of the cost of the project, of the source of funds for the project, and of the justification for carrying out the project under this section. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title .
• (c)
  • (1) In using the authority described in subsection (a) to carry out a military construction project to replace a facility, including a family housing facility, that has been damaged or destroyed, the Secretary concerned may use appropriations available for operation and maintenance if—
    • (A) the damage or destruction to the facility was the result of a natural disaster or a terrorism incident; and
    • (B) the Secretary submits a notification to the appropriate committees of Congress of the decision to carry out the replacement project, and includes in the notification—
      • (i) the current estimate of the cost of the replacement project;
      • (ii) the source of funds for the replacement project;
      • (iii) in the case of damage to a facility rather than destruction, a certification that the replacement project is more cost-effective than repair or restoration; and
      • (iv) a certification that deferral of the replacement project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.
  • (2) A replacement project under this subsection may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title .
  • (3) The maximum aggregate amount that the Secretary concerned may obligate from appropriations available for operation and maintenance in any fiscal year for replacement projects under the authority of this subsection is $100,000,000.

§ 2854a. Conveyance of damaged or deteriorated military family housing; use of proceeds

• (a)
  • (1) The Secretary concerned may convey any family housing facility that, due to damage or deterioration, is in a condition that is uneconomical to repair. Any conveyance of a family housing facility under this section may include a conveyance of the real property associated with the facility conveyed.
  • (2) The authority of this section does not apply to family housing facilities located at military installations approved for closure under a base closure law or family housing facilities located at an installation outside the United States at which the Secretary of Defense terminates operations.
  • (3) The aggregate total value of the family housing facilities conveyed by the Department of Defense under the authority in this subsection in any fiscal year may not exceed $5,000,000.
  • (4) For purposes of this subsection, a family housing facility is in a condition that is uneconomical to repair if the cost of the necessary repairs for the facility would exceed the amount equal to 70 percent of the cost of constructing a family housing facility to replace such facility.
• (b)
  • (1) As consideration for the conveyance of a family housing facility under subsection (a), the person to whom the facility is conveyed shall pay the United States an amount equal to the fair market value of the facility conveyed, including any real property conveyed along with the facility.
  • (2) The Secretary concerned shall determine the fair market value of any family housing facility and associated real property that is conveyed under subsection (a). Such determination shall be final.
• (c)
  • (1) The Secretary concerned may enter into an agreement to convey a family housing facility under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title , to the appropriate committees of Congress a notice containing a justification for the conveyance under the agreement.
  • (2) A notice under paragraph (1) shall include—
    • (A) an estimate of the consideration to be provided the United States under the agreement;
    • (B) an estimate of the cost of repairing the family housing facility to be conveyed; and
    • (C) an estimate of the cost of replacing the family housing facility to be conveyed.
• (d) The following provisions of law do not apply to the conveyance of a family housing facility under this section:
  • (1) Subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
  • (2) Title V of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 et seq.).
• (e)
  • (1) The proceeds of any conveyance of a family housing facility under this section shall be credited to the appropriate fund established under section 2883 of this title and shall be available—
    • (A) to construct family housing units to replace the family housing facility conveyed under this section, but only to the extent that the number of units constructed with such proceeds does not exceed the number of units of military family housing of the facility conveyed;
    • (B) to repair or restore existing military family housing; and
    • (C) to reimburse the Secretary concerned for the costs incurred by the Secretary in conveying the family housing facility.
  • (2) Notwithstanding section 2883(d) of this title , proceeds derived from a conveyance of a family housing facility under this section shall be available under paragraph (1) without any further appropriation.
• (f) The exact acreage and legal description of any family housing facility conveyed under this section, including any real property associated with such facility, shall be determined by such means as the Secretary concerned considers satisfactory, including by survey in the case of real property.
• (g) The Secretary concerned may require such additional terms and conditions in connection with the conveyance of family housing facilities under this section as the Secretary considers appropriate to protect the interests of the United States.

§ 2855. Law applicable to contracts for architectural and engineering services and construction design

• (a) Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with chapter 11 of title 40.
• (b)
  • (1) In the case of a contract referred to in subsection (a), if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act ( 15 U.S.C. 631 et seq.).
  • (2) The threshold amount under paragraph (1) is $1,000,000.
  • (3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act ( 15 U.S.C. 637(a) ).

§ 2856. Military unaccompanied housing: local comparability of floor areas

In the construction, acquisition, and improvement of 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.

§ 2858. Limitation on the use of funds for expediting a construction project

• (1) certifies that expenditures for such costs are necessary to protect the national interest, and
• (2) establishes a reasonable completion date for the project. In establishing such a completion date, the Secretary shall take into consideration the urgency of the requirement for completion of the project, the type and location of the project, the climatic and seasonal conditions affecting the construction involved, and the application of economical construction practices.

§ 2859. Construction requirements related to antiterrorism and force protection or urban-training operations

• (a) The Secretary of Defense shall develop common guidance and criteria to be used by each Secretary concerned—
  • (1) to assess the vulnerability of military installations located inside and outside of the United States to terrorist attack;
  • (2) to develop construction standards that, taking into consideration other security or force-protection measures available for the facility or military installation concerned, are designed to reduce the vulnerability of structures to terrorist attack and improve the security of the occupants of such structures;
  • (3) to prepare and carry out military construction projects, such as gate and fenceline construction, to improve the physical security of military installations; and
  • (4) to assist in prioritizing such projects within the military construction budget of each of the armed forces.
• (b) The Secretary of Defense shall require vulnerability assessments of military installations to be conducted, at regular intervals, using the criteria developed under subsection (a).
• (c)
  • (1) Except as provided in paragraph (3), the Secretary concerned may not carry out a military construction project to construct a facility designed to provide training in urban operations for members of the armed forces or personnel of the Department of Defense or other Federal agencies until—
    • (A) the Secretary of Defense approves a strategy for training and facility construction for operations in urban terrain; and
    • (B) the Under Secretary of Defense for Personnel and Readiness evaluates the project and certifies to the appropriate committees of Congress that the project—
      • (i) is consistent with the strategy; and
      • (ii) incorporates the appropriate capabilities for joint and interagency use in accordance with the strategy.
  • (2) This subsection shall not apply with respect to a military construction project carried out under the authority of section 2803, 2804, or 2808 of this title or section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136 ; 117 Stat. 1723 ).

§ 2860. Availability of appropriations

Funds appropriated to a military department or to the Secretary of Defense for a fiscal year for military construction or military family housing purposes may remain available for obligation beyond such fiscal year to the extent provided in appropriation Acts.

§ 2861. Military construction projects in connection with industrial facility investment program

• (a) The Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of carrying out activities under section 2474(a)(2) of this title , using funds appropriated or otherwise made available for that purpose in military construction accounts.
• (b) Funds appropriated or otherwise made available in a fiscal year for the purpose of carrying out a military construction project with respect to a covered depot (as defined in subsection (e) of section 2476 of this title ) may be credited to the amount required by subsection (a) of such section to be invested in the capital budgets of the covered depots in that fiscal year.
• (c) When a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify the appropriate committees of Congress of that decision and the savings estimated to be realized from the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title .

§ 2862. Turn-key selection procedures

• (a) The Secretary concerned may use one-step turn-key selection procedures for the purpose of entering into a contract for any of the following purposes:
  • (1) The construction of an authorized military construction project.
  • (2) A repair project (as defined in section 2811(e) of this title ) with an approved cost equal to or less than $4,000,000.
  • (3) The construction of a facility as part of an authorized security assistance activity.
• (b) In this section:
  • (1) The term “one-step turn-key selection procedures” means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using performance specifications supplied by the Secretary concerned.
  • (2) The term “security assistance activity” means—
    • (A) humanitarian and civic assistance authorized by sections 401 and 2561 of this title;
    • (B) foreign disaster assistance authorized by section 404 of this title ;
    • (C) foreign military construction sales authorized by section 29 of the Arms Export Control Act ( 22 U.S.C. 2769 );
    • (D) foreign assistance authorized under sections 607 and 632 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2357 , 2392); and
    • (E) other international security assistance specifically authorized by law.

§ 2863. Payment of contractor claims

Notwithstanding any other provision of law, the Secretary concerned may pay meritorious contractor claims that arise under military construction contracts or family housing contracts. The Secretary of Defense, with respect to a Defense Agency, or the Secretary of a military department may use for such purpose any unobligated funds appropriated to such department and available for military construction or family housing construction, as the case may be.

§ 2864. Master plans for major military installations

• (a)
  • (1) At a time interval prescribed by the Secretary concerned (but not less frequently than once every 10 years), the commander of each major military installation under the jurisdiction of the Secretary shall ensure that an installation master plan is developed to address environmental planning, sustainable design and development, sustainable range planning, real property master planning, military installation resilience, and transportation planning.
  • (2) To address the requirements under paragraph (1), each installation master plan shall include consideration of—
    • (A) planning for compact and infill development;
    • (B) horizontal and vertical mixed-use development;
    • (C) the full lifecycle costs of real property planning decisions;
    • (D) capacity planning through the establishment of growth boundaries around cantonment areas to focus development towards the core and preserve range and training space; and
    • (E) energy and climate resiliency efforts.
• (b)
  • (1) The transportation component of the master plan for a major military installation shall be developed and updated in consultation with the metropolitan planning organization designated for the metropolitan planning area in which the military installation is located.
  • (2) To address the requirements under subsection (a) and paragraph (1), each installation master plan shall include consideration of ways to diversify and connect transit systems.
• (c) To address military installation resilience under subsection (a)(1), each installation master plan shall discuss the following:
  • (1) Risks and threats to military installation resilience that exist at the time of the development of the plan and that are projected for the future, including from extreme weather events, mean sea level fluctuation, wildfires, flooding, and other changes in environmental conditions.
  • (2) Assets or infrastructure located on the military installation vulnerable to the risks and threats described in paragraph (1), with a special emphasis on assets or infrastructure critical to the mission of the installation and the mission of members of the armed forces.
  • (3) Lessons learned from the impacts of extreme weather events, including changes made to the military installation to address such impacts, since the prior master plan developed under this section.
  • (4) Ongoing or planned infrastructure projects or other measures, as of the time of the development of the plan, to mitigate the impacts of the risks and threats described in paragraph (1).
  • (5) Community infrastructure and resources located outside the installation (such as medical facilities, transportation systems, and energy infrastructure) that are—
    • (A) necessary to maintain mission capability or that impact the resilience of the military installation; and
    • (B) vulnerable to the risks and threats described in paragraph (1).
  • (6) Agreements in effect or planned, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).
  • (7) Projections from recognized governmental and scientific entities such as the Census Bureau, the National Academies of Sciences, the United States Geological Survey, and the United States Global Change Research Office (or any similar successor entities) with respect to future risks and threats (including the risks and threats described in paragraph (1)) to the resilience of any project considered in the installation master plan during the 50-year lifespan of the installation.
• (d) Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report listing all master plans completed pursuant to this section in the prior calendar year.
• (e) Nothing in this section shall supersede the requirements of section 2859(a) of this title .
• (f) In this section:
  • (1) The term “major military installation” has the meaning given to the term “large site” in the most recent version of the Department of Defense Base Structure Report issued before the time interval prescribed for development of installation master plans arises under subsection (a).
  • (2) The terms “metropolitan planning area” and “metropolitan planning organization” have the meanings given those terms in section 134(b) of title 23 and section 5303(b) of title 49 .
  • (3) The term “energy and climate resiliency” means anticipation, preparation for, and adaptation to utility disruptions and changing environmental conditions and the ability to withstand, respond to, and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.

§ 2865. Work in Process Curve charts and outlay tables for military construction projects

Along with the budget for each fiscal year submitted by the President pursuant to section 1105(a) of title 31 , United States Code, the Secretary of Defense and the Secretaries of the military departments shall include for any military construction project over $90,000,000, as an addendum to be included within the same document as the 1391s for the Military Construction Program budget documentation, a Project Spending Plan that includes—

• (1) a Work in Process Curve chart to identify funding, obligations, and outlay figures; and
• (2) a monthly outlay table for funding, obligations, and outlay figures.

§ 2866. Water conservation at military installations

• (a)
  • (1) The Secretary of Defense shall permit and encourage each military department, Defense Agency, and other instrumentality of the Department of Defense to participate in programs conducted by a utility for the management of water demand or for water conservation.
  • (2) The Secretary of Defense may authorize a military installation to accept a financial incentive (including an agreement to reduce the amount of a future water bill), goods, or services generally available from a utility, for the purpose of adopting technologies and practices that—
    • (A) relate to the management of water demand or to water conservation; and
    • (B) as determined by the Secretary, are cost effective for the Federal Government.
  • (3) Subject to paragraph (4), the Secretary of Defense may authorize the Secretary of a military department having jurisdiction over a military installation to enter into an agreement with a utility to design and implement a cost-effective program that provides incentives for the management of water demand and for water conservation and that addresses the requirements and circumstances of the installation. Activities under the program may include the provision of water management services, the alteration of a facility, and the installation and maintenance by the utility of a water-saving device or technology.
  • (4)
    • (A) If an agreement under paragraph (3) provides for a utility to pay in advance the financing costs for the design or implementation of a program referred to in that paragraph and for such advance payment to be repaid by the United States, the cost of such advance payment may be recovered by the utility under terms that are not less favorable than the terms applicable to the most favored customer of the utility.
    • (B) Subject to the availability of appropriations, a repayment of an advance payment under subparagraph (A) shall be made from funds available to a military department for the purchase of utility services.
    • (C) An agreement under paragraph (3) shall provide that title to a water-saving device or technology installed at a military installation pursuant to the agreement shall vest in the United States. Such title may vest at such time during the term of the agreement, or upon expiration of the agreement, as determined to be in the best interests of the United States.
• (b)
  • (1) Financial incentives received from utilities for management of water demand or water conservation under subsection (a)(2) shall be credited to an appropriation designated by the Secretary of Defense. Amounts so credited shall be merged with the appropriation to which credited and shall be available for the same purposes and the same period as the appropriation with which merged.
  • (2) Water cost savings realized under subsection (a)(3) shall be used as follows:
    • (A) One-half of the amount shall be used for water conservation activities at such buildings, facilities, or installations of the Department of Defense as may be designated (in accordance with regulations prescribed by the Secretary of Defense) by the head of the department, agency, or instrumentality that realized the water cost savings.
    • (B) One-half of the amount shall be used at the installation at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable law and regulations, for—
      • (i) improvements to existing military family housing units;
      • (ii) any unspecified minor construction project that will enhance the quality of life of personnel; or
      • (iii) any morale, welfare, or recreation facility or service.
• (c)
  • (1) The Secretary of Defense may carry out a military construction project for water conservation, not previously authorized, using funds appropriated or otherwise made available to the Secretary for water conservation.
  • (2) When a decision is made to carry out a project under paragraph (1), the Secretary of Defense shall notify the appropriate committees of Congress of that decision. Such project may be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title .

§ 2867. Energy monitoring and utility control system specification for military construction and military family housing activities

• (a)
  • (1) The Secretary of Defense shall adopt an open protocol energy monitoring and utility control system specification for use throughout the Department of Defense in connection with a military construction project, military family housing activity, or other activity under this chapter for the purpose of monitoring and controlling, with respect to the project or activity, the items specified in paragraph (2) with the goal of establishing installation-wide energy monitoring and utility control systems.
  • (2) The energy monitoring and utility control system specification required by paragraph (1) shall cover the following:
    • (A) Utilities and energy usage, including electricity, gas, steam, and water usage.
    • (B) Indoor environments, including temperature and humidity levels.
    • (C) Heating, ventilation, and cooling components.
    • (D) Central plant equipment.
    • (E) Renewable energy generation systems.
    • (F) Lighting systems.
    • (G) Power distribution networks.
• (b)
  • (1) The energy monitoring and utility control system specification required by subsection (a) is not required to apply to projects carried out under the authority provided in subchapter IV of chapter 169 of this title.
  • (2) The Secretary concerned may waive the application of the energy monitoring and utility control system specification required by subsection (a) with respect to a specific military construction project, military family housing activity, or other activity under this chapter if the Secretary determines that the application of the specification to the project or activity is not life cycle cost-effective. The Secretary concerned shall notify the congressional defense committees of any waiver granted under this paragraph.

§ 2868. Utility services: furnishing for certain buildings

Appropriations for the Department of Defense may be used for utility services for buildings constructed at private cost, as authorized by law.

§ 2869. Exchange of property at military installations

• (a)
  • (1) The Secretary concerned may enter into an agreement to convey real property, including any improvements thereon, described in paragraph (2) to any person who agrees, in exchange for the real property, to transfer to the United States all right, title, and interest of the person in and to a parcel of real property, including any improvements thereon under the person’s control, or to carry out a land acquisition, including the acquisition of all right, title, and interest or a lesser interest in real property under an agreement entered into under section 2684a of this title to limit encroachments and other constraints on military training, testing, and operations.
  • (2) Paragraph (1) applies with respect to real property under the jurisdiction of the Secretary concerned—
    • (A) that is located on a military installation that is closed or realigned under a base closure law; or
    • (B) that is located on a military installation not covered by subparagraph (A) and for which the Secretary concerned makes a determination that the conveyance under paragraph (1) is advantageous to the United States.
• (b)
  • (1) The fair market value of the land to be obtained by the Secretary concerned under subsection (a) in exchange for the conveyance of real property by the Secretary under such subsection shall be at least equal to the fair market value of the conveyed real property, as determined by the Secretary. If the fair market value of the land is less than the fair market value of the real property to be conveyed, the recipient of the property shall pay to the United States an amount equal to the difference in the fair market values.
  • (2) In the case of a conveyance of real property to a political subdivision of a State, the value of the real property to be conveyed by the Secretary concerned under subsection (a) may exceed the fair market value of the land to be obtained, as determined under paragraph (1), by an amount not to exceed the reduction in value of the land which is attributable to voluntary zoning actions taken by such political subdivision to limit encroachment on a military installation, but only if the notice required by subsection (d)(2) contains—
    • (A) a certification by the Secretary concerned that the military value to the United States of the land to be acquired justifies a payment in excess of the fair market value; and
    • (B) a description of the military value to be obtained.
• (c) The authority under subsection (a)(2)(A) to convey property located on a military installation may only be used to the extent the conveyance is consistent with an approved redevelopment plan for such installation.
• (d)
  • (1) Notice of the proposed use of the conveyance authority provided by subsection (a) shall be provided in such manner as the Secretary of Defense may prescribe, including publication in the Federal Register and otherwise. When real property located at a military installation is proposed for conveyance by means of a public sale, the Secretary concerned may notify prospective purchasers that consideration for the property may be provided in the manner authorized by such subsection.
  • (2) The Secretary concerned may not enter into an agreement under subsection (a) for the conveyance of real property until—
    • (A) the Secretary submits to Congress notice of the conveyance, including—
      • (i) a description of the real property to be conveyed by the Secretary under the agreement;
      • (ii) a description of the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and
      • (iii) the amount of any payment to be made under subsection (b) or under section 2684a(d) of this title to equalize the fair market values of the property to be conveyed and the land acquisition to be carried out under the agreement in exchange for the conveyance of the property; and
    • (B) the waiting period applicable to that notice under paragraph (3) expires.
  • (3) If the notice submitted under paragraph (2) deals with the conveyance of real property located on a military installation that is closed or realigned under a base closure law or the conveyance of real property under an agreement entered into under section 2684a of this title , the Secretary concerned may enter into the agreement under subsection (a) for the conveyance of the property after the end of the 14-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title . In the case of other real property to be conveyed under subsection (a), the Secretary concerned may enter into the agreement only after the end of the 45-day period beginning on the date of the submission of the notice in an electronic medium pursuant to section 480 of this title .
• (e) The Secretary concerned shall deposit funds received under subsection (b) in the appropriation “Foreign Currency Fluctuations, Construction, Defense”. The funds deposited shall be available, in such amounts as provided in appropriation Acts, for the purpose of paying increased costs of overseas military construction and family housing construction or improvement associated with unfavorable fluctuations in currency exchange rates. The use of such funds for this purpose does not relieve the Secretary concerned from the duty to provide advance notice to Congress under section 2853(c) of this title whenever the Secretary approves an increase in the cost of an overseas project under such section.
• (f) The exact acreage and legal description of real property conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary concerned.
• (g) The Secretary concerned may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

§ 2870. Use of qualified apprentices by military construction contractors

• (a) The Secretary of Defense shall require each offeror for a contract for a military construction project to certify to the Secretary that, if awarded such a contract, the offeror will—
  • (1) establish a goal that not less than 20 percent of the total workforce employed in the performance of such a contract are qualified apprentices; and
  • (2) make a good faith effort to meet or exceed such goal.
• (b) The Secretary of Defense shall develop incentives for offerors for a contract for military construction projects to meet or exceed the goal described in subsection (a).
• (c) The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of whether the contractor has made a good faith effort to meet or exceed the goal described in subsection (a), including consideration of the actual number of qualified apprentices used by the contractor on the contract, as part of the past performance rating of such contractor.
• (d) In this section, the term “qualified apprentice” means an employee participating in an apprenticeship program that is—
  • (1) registered with the Office of Apprenticeship of the Employment Training Administration of the Department of Labor pursuant to the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.);
  • (2) registered with a State apprenticeship agency recognized by such Office of Apprenticeship pursuant to such Act; or
  • (3) determined to be a high-quality apprenticeship program by industry and the Secretary of Labor.

§ 2871. Definitions

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 .
• (7) The term “housing document” means a document developed by the Secretary of Defense under section 2890 of this title 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.

§ 2872. General authority

In addition to any other authority provided under this chapter for the acquisition or construction of military family housing or military unaccompanied housing, the Secretary concerned may exercise any authority or any combination of authorities provided under this subchapter in order to provide for the acquisition or construction by eligible entities of the following:

• (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.

§ 2872a. Utilities and services

• (a) The Secretary concerned may furnish utilities and services referred 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 subchapter if the military housing is located on a military installation.
• (b) 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)
  • (1) The Secretary concerned 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 appropriated or otherwise made available before October 1, 2014 , be credited to the appropriation or working capital account from which the cost of furnishing utilities or services concerned was paid; or
    • (B) in the case of a cost paid using funds appropriated or otherwise made available on or after October 1, 2014 , be credited to the appropriation or working capital account currently available for the purpose of furnishing utilities 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 subject to the same terms and conditions, as such funds.

§ 2872b. Treatment of breach of contract

• (a) In the case of a material breach of contract under this subchapter by a party to the contract, the Secretary concerned shall use the authorities available to the Secretary, including withholding amounts to be paid under the contract, to encourage the party to cure the breach.
• (b) If a material breach of the contract is not cured in a timely manner, as determined by the Secretary concerned, the Secretary may—
  • (1) rescind the contract pursuant to the terms of the contract; and
  • (2) prohibit the offending party from entering into a new contract or undertaking expansions of other existing contracts, or both, with the Secretary under this subchapter.

§ 2873. Direct loans and loan guarantees

• (a)
  • (1) Subject to subsection (c), the Secretary concerned may make direct loans to an eligible entity in order to provide funds to the eligible entity for the acquisition or construction of housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing.
  • (2) The Secretary concerned shall establish such terms and conditions with respect to loans made under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the period and frequency for repayment of such loans and the obligations of the obligors on such loans upon default.
• (b)
  • (1) Subject to subsection (c), the Secretary concerned may guarantee a loan made to an eligible entity if the proceeds of the loan are to be used by the eligible entity to acquire, or construct housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing.
  • (2) The amount of a guarantee on a loan that may be provided under paragraph (1) may not exceed the amount equal to the lesser of—
    • (A) the amount equal to 80 percent of the value of the project; or
    • (B) the amount of the outstanding principal of the loan.
  • (3) The Secretary concerned shall establish such terms and conditions with respect to guarantees of loans under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the rights and obligations of obligors of such loans and the rights and obligations of the United States with respect to such guarantees.
• (c) Direct loans and loan guarantees may be made under this section only to the extent that appropriations of budget authority to cover their cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5) )) are made in advance, or authority is otherwise provided in appropriation Acts. If such appropriation or other authority is provided, there may be established a financing account (as defined in section 502(7) of such Act ( 2 U.S.C. 661a(7) )), which shall be available for the disbursement of direct loans or payment of claims for payment on loan guarantees under this section and for all other cash flows to and from the Government as a result of direct loans and guarantees made under this section.

§ 2874. Leasing of housing

• (a) The Secretary concerned may enter into contracts for the lease of housing units that the Secretary determines are suitable for use as military family housing or military unaccompanied housing.
• (b) The Secretary concerned shall utilize housing units leased under this section as military family housing or military unaccompanied housing, as appropriate.
• (c) A contract under this section may be for any period that the Secretary concerned determines appropriate and may provide for the owner of the leased property to operate and maintain the property.

§ 2875. Investments

• (a) The Secretary concerned may make investments in an eligible entity carrying out projects for the acquisition or construction of housing units suitable for use as military family housing or as military unaccompanied housing.
• (b) An investment under this section may take the form of an acquisition of a limited partnership interest by the United States, a purchase of stock or other equity instruments by the United States, a purchase of bonds or other debt instruments by the United States, or any combination of such forms of investment.
• (c)
  • (1) The cash amount of an investment under this section in an eligible entity may not exceed an amount equal to 33⅓ percent of the capital cost (as determined by the Secretary concerned) of the project or projects that the eligible entity proposes to carry out under this section with the investment.
  • (2) If the Secretary concerned conveys land or facilities to an eligible entity as all or part of an investment in the eligible entity under this section, the total value of the investment by the Secretary under this section may not exceed an amount equal to 45 percent of the capital cost (as determined by the Secretary) of the project or projects that the eligible entity proposes to carry out under this section with the investment.
  • (3) In this subsection, the term “capital cost”, with respect to a project for the acquisition or construction of housing, means the total amount of the costs included in the basis of the housing for Federal income tax purposes.
• (d) The Secretary concerned shall enter into collateral incentive agreements with eligible entities in which the Secretary makes an investment under this section to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or purchase, as the case may be, of a reasonable number of the housing units covered by the investment.

§ 2876. Rental guarantees

The Secretary concerned may enter into agreements with eligible entities that acquire or construct military family housing units or military unaccompanied housing units under this subchapter in order to assure—

• (1) the occupancy of such units at levels specified in the agreements; or
• (2) rental income derived from rental of such units at levels specified in the agreements.

§ 2877. Differential lease payments

Pursuant to an agreement entered into by the Secretary concerned and a lessor of military family housing or military unaccompanied housing to members of the armed forces, the Secretary may pay the lessor an amount in addition to the rental payments for the housing made by the members as the Secretary determines appropriate to encourage the lessor to make the housing available to members of the armed forces as military family housing or as military unaccompanied housing.

§ 2878. Conveyance or lease of existing property and facilities

• (a) The Secretary concerned may convey or lease property or facilities (including ancillary supporting facilities) to eligible entities for purposes of using the proceeds of such conveyance or lease to carry out activities under this subchapter.
• (b) The authority of this section does not apply to property or facilities located on or near a military installation approved for closure under a base closure law.
• (c) The Secretary concerned shall ensure that the time, method, and terms and conditions of the reconveyance or lease of property or facilities under this section from the eligible entity permit full and free competition consistent with the value and nature of the property or facilities involved.
• (d)
  • (1) The conveyance or lease of property or facilities under this section shall be for such consideration and upon such terms and conditions as the Secretary concerned considers appropriate for the purposes of this subchapter and to protect the interests of the United States.
  • (2) As part or all of the consideration for a conveyance or lease under this section, the purchaser or lessor (as the case may be) shall enter into an agreement with the Secretary to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or sublease of a reasonable number of the housing units covered by the conveyance or lease, as the case may be, or in the lease of other suitable housing units made available by the purchaser or lessee.
• (e) The conveyance or lease of property or facilities under this section shall not be subject to the following provisions of law:
  • (1) Section 2667 of this title .
  • (2) Subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
  • (3) Section 1302 of title 40 .
  • (4) Section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ).

§ 2879. Window fall prevention devices in military family housing units

• (a)
  • (1) The Secretary concerned shall ensure that if a window in any military family housing unit acquired or constructed under this chapter is described in subsection (c), including a window designed for emergency escape or rescue, the window is equipped with fall prevention devices described in paragraph (3).
  • (2) Paragraph (1) shall apply with respect to the following military family housing units:
    • (A) A unit for which the contract for the construction of the unit is first entered into after October 1, 2019 .
    • (B) Any other unit which is subject to a whole-house renovation project for which the contract is entered into on or after October 1, 2019 .
  • (3) A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090–13 (or any successor standard).
• (b)
  • (1) The Secretary concerned shall carry out a program under which, in military family housing units acquired or constructed under this chapter which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (3) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.
  • (2) The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.
  • (3) The Secretary may carry out the program under this subsection during a fiscal year with amounts made available to the Secretary for family housing operations for such fiscal year.
• (c) A window is described in this subsection if the bottom sill of the window is within 42 inches of the floor, as measured in the interior of the unit, and is more than 72 inches above the ground, as measured on the exterior grade of the building.
• (d) The Secretary concerned shall keep a record of each incident (as defined in Department of Defense Instruction 6055.7 series) in which a minor child is injured or killed as the result of an unintentional window fall in a military family housing unit. Not later than 90 days after the end of each calendar year (beginning with 2017), the Secretary of Defense shall submit a report to the Committees on Armed Services of the House of Representatives and Senate on all such window falls occurring in the previous year.

§ 2880. Unit size and type

• (a) The Secretary concerned shall ensure that the room patterns and floor areas of military family housing units and military unaccompanied housing units acquired or constructed under this subchapter are generally comparable to the room patterns and floor areas of similar housing units in the locality concerned.
• (b) Sections 2826 and 2856 of this title shall not apply to military family housing or military unaccompanied housing units acquired or constructed under this subchapter.

§ 2881. Ancillary supporting facilities

• (a) Any project for the acquisition or construction of military family housing units or military unaccompanied housing units under this subchapter may include the acquisition or construction of ancillary supporting facilities for the housing units concerned.
• (b) A project referred to in subsection (a) may not include the acquisition or construction of an ancillary supporting facility (other than a child development center) if, as determined by the Secretary concerned, the facility is to be used for providing merchandise or services in direct competition with—
  • (1) the Army and Air Force Exchange Service;
  • (2) the Navy Exchange Service Command;
  • (3) a Marine Corps exchange;
  • (4) the Defense Commissary Agency; or
  • (5) any nonappropriated fund activity of the Department of Defense for the morale, welfare, and recreation of members of the armed forces.

§ 2881a. Pilot projects for acquisition or construction of military unaccompanied housing

• (a) The Secretary of the Navy may carry out not more than three pilot projects under the authority of this section or another provision of this subchapter to use the private sector for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States.
• (b) The Secretary of the Navy may assign members of the armed forces without dependents to housing units acquired or constructed under the pilot projects, and such housing units shall be considered as quarters of the United States or a housing facility under the jurisdiction of the Secretary for purposes of section 403 of title 37 .
• (c)
  • (1) The Secretary of Defense may prescribe and, under section 403(n) of title 37 , pay for members of the armed forces without dependents in privatized housing acquired or constructed under the pilot projects higher rates of partial basic allowance for housing than the rates authorized under paragraph (2) of such section.
  • (2) The partial basic allowance for housing paid for a member at a higher rate under this subsection may be paid directly to the private sector source of the housing to whom the member is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge.
• (d)
  • (1) The Secretary of the Navy shall use the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under the pilot projects.
  • (2) Subject to 30 days prior notification to the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title , such additional amounts as the Secretary of Defense considers necessary may be transferred to the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in military construction accounts. The amounts so transferred shall be merged with and be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund.
• [(e) Repealed. Pub. L. 115–91, div. A, title X, § 1051(a)(25) , Dec. 12, 2017 , 131 Stat. 1562 .]
• (f) The authority of the Secretary of the Navy to enter into a contract under the pilot programs shall expire September 30, 2009 .

§ 2882. Effect of assignment of members to housing units acquired or constructed under alternative authority

• (a) Except as provided in subsection (b), housing units acquired or constructed under this subchapter shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403 of title 37 .
• (b) A member of the armed forces who is assigned to a housing unit acquired or constructed under this subchapter that is not owned or leased by the United States shall be entitled to a basic allowance for housing under section 403 of title 37 .
• (c) The Secretary concerned may require members of the armed forces who lease housing in housing units acquired or constructed under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37 .

§ 2883. Department of Defense Housing Funds

• (a) There are hereby established on the books of the Treasury the following accounts:
  • (1) The Department of Defense Family Housing Improvement Fund.
  • (2) The Department of Defense Military Unaccompanied Housing Improvement Fund.
• (b)
  • (1) The Secretary of Defense shall administer each Fund separately.
  • (2) Amounts in the Department of Defense Family Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military family housing.
  • (3) Amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military unaccompanied housing.
• (c)
  • (1) There shall be credited to the Department of Defense Family Housing Improvement Fund the following:
    • (A) Amounts authorized for and appropriated to that Fund.
    • (B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition, improvement, or construction of military family housing.
    • (C) Proceeds from the conveyance or lease of property or facilities under section 2878 of this title for the purpose of carrying out activities under this subchapter with respect to military family housing.
    • (D) Income derived from any activities under this subchapter with respect to military family housing, including interest on loans made under section 2873 of this title , income and gains realized from investments under section 2875 of this title , and any return of capital invested as part of such investments.
    • (E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to section 2814(i)(3) of this title , subject to the restrictions on the use of the transferred amounts specified in that section.
    • (F) Any amounts that the Secretary concerned transfers to that Fund pursuant to section 2869 of this title .
  • (2) There shall be credited to the Department of Defense Military Unaccompanied Housing Improvement Fund the following:
    • (A) Amounts authorized for and appropriated to that Fund.
    • (B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition or construction of military unaccompanied housing.
    • (C) Proceeds from the conveyance or lease of property or facilities under section 2878 of this title for the purpose of carrying out activities under this subchapter with respect to military unaccompanied housing.
    • (D) Income derived from any activities under this subchapter with respect to military unaccompanied housing, including interest on loans made under section 2873 of this title , income and gains realized from investments under section 2875 of this title , and any return of capital invested as part of such investments.
    • (E) Any amounts that the Secretary of the Navy transfers to that Fund pursuant to section 2814(i)(3) of this title , subject to the restrictions on the use of the transferred amounts specified in that section.
    • (F) Any amounts that the Secretary concerned transfers to that Fund pursuant to section 2869 of this title .
• (d)
  • (1) In such amounts as provided in appropriation Acts and except as provided in subsection (e), the Secretary of Defense may use amounts in the Department of Defense Family Housing Improvement Fund to carry out activities under this subchapter with respect to military family housing, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this subchapter. The Secretary may also use for expenses of activities required in connection with the planning, execution, and administration of such contracts funds that are otherwise available to the Department of Defense for such types of expenses.
  • (2) In such amounts as provided in appropriation Acts and except as provided in subsection (e), the Secretary of Defense may use amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under this subchapter with respect to military unaccompanied housing, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this subchapter. The Secretary may also use for expenses of activities required in connection with the planning, execution, and administration of such contracts funds that are otherwise available to the Department of Defense for such types of expenses.
  • (3) Amounts made available under this subsection shall remain available until expended. The Secretary of Defense may transfer amounts made available under this subsection to the Secretaries of the military departments to permit such Secretaries to carry out the activities for which such amounts may be used.
• (e)
  • (1) The Secretary may not incur an obligation under a contract or other agreement entered into under this subchapter in excess of the unobligated balance, at the time the contract is entered into, of the Fund required to be used to satisfy the obligation.
  • (2) The Funds established under subsection (a) shall be the sole source of funds for activities carried out under this subchapter.
• (f) A transfer of appropriated amounts to a Fund under subparagraph (B) of paragraph (1) or subparagraph (B) of paragraph (2) of subsection (c) may be made only after the end of the 14-day period beginning on the date the Secretary of Defense submits notice of, and justification for, the transfer to the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title .

§ 2883a. Funds for housing allowances of members of the armed forces assigned to certain military family housing units

• (a) During the fiscal year in which a contract is awarded for the acquisition or construction of military family housing units under this subchapter that are not to be owned by the United States, the Secretary of Defense may transfer the amount determined under subsection (b) with respect to such housing from appropriations available for support of military housing for the armed force concerned for that fiscal year to appropriations available for pay and allowances of military personnel of that same armed force for that same fiscal year.
• (b) The total amount authorized to be transferred under subsection (a) in connection with a contract under this subchapter may not exceed an amount equal to any additional amounts payable during the fiscal year in which the contract is awarded to members of the armed forces assigned to the acquired or constructed housing units as basic allowance for housing under section 403 of title 37 that would not otherwise have been payable to such members if not for assignment to such housing units.
• (c) The transfer of funds under the authority of subsection (a) is limited to such amounts as may be provided in advance in appropriations Acts.

§ 2884. Reports

• (a)
  • (1) The Secretary of Defense shall transmit to the appropriate committees of Congress a report describing—
    • (A) each contract for the acquisition or construction of family housing units or unaccompanied housing units that the Secretary proposes to solicit under this subchapter; and
    • (B) each conveyance or lease proposed under section 2878 of this title .
  • (2) For each proposed contract, conveyance, or lease described in paragraph (1), the report required by such paragraph shall include the following:
    • (A) A description of the contract, conveyance, or lease, including a summary of the terms of the contract, conveyance, or lease.
    • (B) A description of the authorities to be utilized in entering into the contract, conveyance, or lease and the intended method of participation of the United States in the contract, conveyance, or lease, including a justification of the intended method of participation.
    • (C) A statement of the scored cost of the contract, conveyance, or lease, as determined by the Office of Management and Budget.
    • (D) A statement of the United States funds required for the contract, conveyance, or lease and a description of the source of such funds, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the contract, conveyance, or lease.
    • (E) An economic assessment of the life cycle costs of the contract, conveyance, or lease, including an estimate of the amount of United States funds that would be paid over the life of the contract, conveyance, or lease from amounts derived from payments of government allowances, including the basic allowance for housing under section 403 of title 37 , if the housing affected by the project were fully occupied by military personnel over the life of the contract, conveyance, or lease.
  • (3)
    • (A) In the case of a contract described in paragraph (1) proposed to be entered into with a private party, the report shall specify whether the contract will or may include a guarantee (including the making of mortgage or rental payments) by the Secretary to the private party in the event of—
      • (i) the closure or realignment of the installation for which housing will be provided under the contract;
      • (ii) a reduction in force of units stationed at such installation; or
      • (iii) the extended deployment of units stationed at such installation.
    • (B) If the contract will or may include such a guarantee, the report shall also—
      • (i) describe the nature of the guarantee; and
      • (ii) assess the extent and likelihood, if any, of the liability of the United States with respect to the guarantee.
  • (4) The report shall be submitted in an electronic medium pursuant to section 480 of this title not later than 21 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease.
• (b) The Secretary of Defense shall include each year in the materials that the Secretary submits to Congress in support of the budget submitted by the President pursuant to section 1105 of title 31 the following:
  • (1) A separate report on the expenditures and receipts during the preceding fiscal year covering each of the Funds established under section 2883 of this title , including a description of the specific construction, acquisition, or improvement projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. Each report shall also include, for each military department or defense agency, a description of all funds to be transferred to such Funds for the current fiscal year and the next fiscal year.
  • (2) A report setting forth, by armed force, the following:
    • (A) An estimate of the amounts of basic allowance for housing under section 403 of title 37 that will be paid, during the current fiscal year and the fiscal year for which the budget is submitted, to members of the armed forces living in housing provided under the authorities in this subchapter.
    • (B) The number of units of military family housing and military unaccompanied housing upon which the estimate under subparagraph (A) for the current fiscal year and the next fiscal year is based.
  • (3) A description of the plans for housing privatization activities to be carried out under this subchapter—
    • (A) during the fiscal year for which the budget is submitted; and
    • (B) during the period covered by the then-current future-years defense plan under section 221 of this title .
  • (4) A report identifying each family housing unit acquired or constructed under this subchapter that is used, or intended to be used, as quarters for a general officer or flag officer and for which the total operation, maintenance, and repair costs for the unit exceeded $50,000. For each housing unit so identified, the report shall also include the total of such operation, maintenance, and repair costs.
• (c) The Secretary of Defense shall submit to the congressional defense committees a semi-annual report containing an evaluation of the status of oversight and accountability measures under section 2885 of this title for military housing privatization projects. To the extent each Secretary concerned has the right to attain the information described in this subsection, each report shall include, at a minimum, the following:
  • (1) An assessment of the backlog of maintenance and repair at each military housing privatization project where a significant backlog exists, including an estimation of the cost of eliminating the maintenance and repair backlog.
  • (2) If the debt associated with a privatization project exceeds net operating income or the occupancy rates for the housing units are below 75 percent for more than one year, the plan developed to mitigate the financial risk of the project.
  • (3) An assessment of any significant project variances between the actual and pro forma deposits in the recapitalization account, to specifically include any unique variances associated with litigation costs.
  • (4) The details of any significant withdrawals from a recapitalization account, including the purpose and rationale of the withdrawal and, if the withdrawal occurs before the normal recapitalization period, the impact of the early withdrawal on the financial health of the project.
  • (5) An assessment of the extent to which the information required to comply with paragraphs (1) through (4) has been requested by the Secretaries, but has not been made available.
  • (6) An assessment of cost assessed to members of the armed forces for utilities compared to utility rates in the local area.
  • (7) An assessment of the condition of housing units based on the average age of those units and the estimated time until recapitalization.
  • (8) An assessment of tenant complaints.
  • (9) An assessment of maintenance response times and completion of maintenance requests.
  • (10) An assessment of the dispute resolution process, which shall include a specific analysis of each denied tenant request to withhold rent payments and each instance in which the dispute resolution process resulted in a favorable outcome for the landlord.
  • (11) An assessment of overall customer service for tenants.
  • (12) A description of the results of any no-notice housing inspections conducted.
  • (13) The results of any resident surveys conducted.
  • (14) With regard to issues of lead-based paint in housing units, a summary of data relating to the presence of lead-based paint in such housing units, including the following by military department:
    • (A) The total number of housing units containing lead-based paint.
    • (B) A description of the reasons for the failure to inspect any housing unit that contains lead-based paint.
    • (C) A description of all abatement or mitigation efforts completed or underway in housing units containing lead-based paint.
    • (D) A certification as to whether military housing under the jurisdiction of the Secretary concerned complies with requirements relating to lead-based paint, lead-based paint activities, and lead-based paint hazards, as described in section 408 of the Toxic Substances Control Act ( 15 U.S.C. 2688 ).

§ 2885. Oversight and accountability for privatization projects

• (a) Each Secretary concerned shall prescribe regulations to effectively oversee and manage military housing privatization projects carried out under this subchapter during the course of the construction or renovation of the housing units. The regulations shall include the following requirements for each privatization project:
  • (1) The installation asset manager shall conduct monthly site visits and provide quarterly reports on the progress of the construction or renovation of the housing units. The reports shall be submitted quarterly to the assistant secretary for installations and environment of the respective military department.
  • (2) The installation asset manager, and, as applicable, the resident construction manager, privatization asset manager, bondholder representative, project owner, developer, general contractor, and construction consultant for the project shall conduct meetings to ensure that the construction or renovation of the units meets performance and schedule requirements and that appropriate operating and ground lease agreements are in place and adhered to.
  • (3) In the case of a project for new construction, if the project is 90 days or more behind schedule or otherwise appears to be substantially failing to adhere to the obligations or milestones under the contract, the assistant secretary for installations and environment of the respective military department shall submit a notice of deficiency to the Assistant Secretary of Defense for Energy, Installations, and Environment, the Secretary concerned, the managing member, and the trustee for the project.
  • (4)
    • (A) Not later than 15 days after the submittal of a notice of deficiency under paragraph (3), the Secretary concerned or designated representative shall submit to the project owner, developer, or general contractor responsible for the project a summary of deficiencies related to the project.
    • (B) If the project owner, developer, or general contractor responsible for the privatization project is unable, within 60 days after receiving a notice of deficiency under subparagraph (A), to make progress on the issues outlined in such notice, the Secretary concerned shall notify, in an electronic medium pursuant to section 480 of this title , the congressional defense committees of the status of the project and include a recommended course of action to correct the problems.
• (b) The Secretary concerned or designated representative shall ensure that the project owner, developer, or general contractor that is selected for each military housing privatization initiative project has construction experience commensurate with that required to complete the project.
• (c) The Secretary concerned shall ensure that the project owner, developer, or general contractor responsible for a military housing privatization initiative project has sufficient payment and performance bonds or suitable instruments in place for each phase of a construction or renovation portion of the project to ensure successful completion of the work in amounts as agreed to in the project’s legal documents, but in no case less than 50 percent of the total value of the active phases of the project, prior to the commencement of work for that phase.
• (d) In the event a military housing privatization initiative project enters into default, the assistant secretary for installations and environment of the respective military department shall submit, in an electronic medium pursuant to section 480 of this title , a report to the congressional defense committees every 90 days detailing the status of negotiations to award the project to a new project owner, developer, or general contractor.
• (e)
  • (1) The Secretary concerned shall keep a record of all plans of action or notices of deficiency issued to a project owner, developer, or general contractor under subsection (a)(4), including the identity of each parent, subsidiary, affiliate, or other controlling entity of such owner, developer, or contractor.
  • (2) Each military department shall consult all records maintained under paragraph (1) when reviewing the past performance of owners, developers, and contractors in the bidding process for a contract or other agreement for a military housing privatization initiative project.
• (f)
  • (1) The regulations required by subsection (a) shall address the following requirements for each military housing privatization project upon the completion of the construction or renovation of the housing units:
    • (A) The financial health and performance of the privatization project, including the debt-coverage ratio of the project and occupancy rates for the housing units.
    • (B) An assessment of the backlog of maintenance and repair of the housing units.
  • (2) If the debt service coverage for a military housing privatization project falls below 1.0 or the occupancy rates for the housing units of the project are below 75 percent for more than one year, the Secretary concerned shall require the development of a plan to address the financial risk of the project.

§ 2890. Rights and responsibilities of tenants of housing units

• (a)
  • (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) 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 .
  • (4) The right to a written lease with clearly defined rental terms to establish tenancy in a housing unit, including any addendums and other regulations imposed by the landlord regarding occupancy of the housing unit and use of common areas.
  • (5) The right to a plain-language briefing, before signing a lease and 30 days after move-in, by the installation housing office on all rights and responsibilities associated with tenancy of the housing unit, including information regarding the existence of any additional fees authorized by the lease, any utilities payments, the procedures for submitting and tracking work orders, the identity of the military tenant advocate, and the dispute resolution process.
  • (6) The right to have sufficient time and opportunity to prepare and be present for move-in and move-out inspections, including an opportunity to obtain and complete necessary paperwork.
  • (7) The right to report inadequate housing standards or deficits in habitability of the housing unit to the landlord, the chain of command, and housing management office without fear of reprisal or retaliation, as provided in subsection (e), including reprisal or retaliation in the following forms:
    • (A) Unlawful recovery of, or attempt to recover, possession of the housing unit.
    • (B) Unlawfully increasing the rent, decreasing services, or increasing the obligations of a tenant.
    • (C) Interference with a tenant’s right to privacy.
    • (D) Harassment of a tenant.
    • (E) Refusal to honor the terms of the lease.
    • (F) Interference with the career of a tenant.
  • (8) The right of access to a military tenant advocate, as provided in section 2894(b)(4) of this title , through the housing management office of the installation of the Department at which the housing unit is located.
  • (9) The right to receive property management services provided by a landlord that meet or exceed industry standards and that are performed by professionally and appropriately trained, responsive, and courteous customer service and maintenance staff.
  • (10) The right to have multiple, convenient methods to communicate directly with the landlord maintenance staff, and to receive consistently honest, accurate, straightforward, and responsive communications.
  • (11) The right to have access to an electronic work order system through which a tenant may request maintenance or repairs of a housing unit and track the progress of the work.
  • (12) With respect to maintenance and repairs to a housing unit, the right to the following:
    • (A) Prompt and professional maintenance and repair.
    • (B) To be informed of the required time frame for maintenance or repairs when a maintenance request is submitted.
    • (C) In the case of maintenance or repairs necessary to ensure habitability of a housing unit, to prompt relocation into suitable lodging or other housing at no cost to the tenant until the maintenance or repairs are completed.
  • (13) The right to receive advice from military legal assistance on procedures involving mechanisms for resolving disputes with the property management company or property manager to include mediation, arbitration, and filing claims against a landlord.
  • (14) The right to enter into a dispute resolution process, as provided in section 2894 of this title , should all other methods be exhausted and, in which case, a decision in favor of the tenant may include a reduction in rent or an amount to be reimbursed or credited to the tenant.
  • (15) The right to have the tenant’s basic allowance housing payments segregated and held in escrow, with approval of a designated commander, and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process.
  • (16) The right to have reasonable, advance notice of any entrance by a landlord, installation housing staff, or chain of command into the housing unit, except in the case of an emergency or abandonment of the housing unit.
  • (17) The right to not pay non-refundable fees or have application of rent credits arbitrarily held.
  • (18) The right to expect common documents, forms, and processes for housing units will be the same for all installations of the Department, to the maximum extent applicable without violating local, State, and Federal regulations.
• (c) At a minimum, the Military Housing Privatization Initiative Tenant Responsibilities shall address the following responsibilities of tenants of housing units:
  • (1) The responsibility to report in a timely manner any apparent environmental, safety, or health hazards of the housing unit to the landlord and any defective, broken, damaged, or malfunctioning building systems, fixtures, appliances, or other parts of the housing unit, the common areas, or related facilities.
  • (2) The responsibility to maintain standard upkeep of the housing unit as instructed by the housing management office.
  • (3) The responsibility to conduct oneself as a tenant in a manner that will not disturb neighbors, and to assume responsibility for one’s actions and those of a family member or guest in the housing unit or common areas.
  • (4) The responsibility not to engage in any inappropriate, unauthorized, or criminal activity in the housing unit or common areas.
  • (5) The responsibility to allow the landlord reasonable access to the rental home in accordance with the terms of the tenant lease agreement to allow the landlord to make necessary repairs in a timely manner.
  • (6) The responsibility to read all lease-related materials provided by the landlord and to comply with the terms of the lease agreement, lease addenda, and any associated rules and guidelines.
• (d)
  • (1) As part of the budget submission for fiscal year 2021, and biennially thereafter, the Secretary of Defense shall submit the then-current housing documents to the congressional defense committees.
  • (2) Any change made to a housing document must be submitted to Congress at least 30 days before the change takes effect.
  • (3) Upon submission of a housing document under paragraph (1) or (2), the Secretary of Defense shall publish the housing document on a publicly available Internet website of the Department of Defense.
• (e)
  • (1) The Assistant Secretary of Defense for Sustainment shall investigate all reports of reprisal against a member of the armed forces for reporting an issue relating to a housing unit.
  • (2) If the Assistant Secretary of Defense for Sustainment determines under paragraph (1) that landlord 1 1 So in original. Probably should be preceded by “a”. has retaliated against a member of the armed forces for reporting an issue relating to a housing unit, the Assistant Secretary shall—
    • (A) provide initial notice to the Committees on Armed Services of the Senate and the House of Representatives as soon as practicable after making that determination; and
    • (B) following that initial notice, provide an update to such committees every 30 days thereafter until such time as the Assistant Secretary has taken final action with respect to the retaliation.
  • (3) The Assistant Secretary of Defense for Sustainment shall carry out this subsection in coordination with the Secretary of the military department concerned.
• (f)
  • (1) A tenant or prospective tenant of a housing unit may not be required to sign a nondisclosure agreement in connection with entering into, continuing, or terminating a lease for the housing unit. Any such agreement against the interests of the tenant is invalid.
  • (2) Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.

§ 2890a. Chief Housing Officer

• (a)
  • (1) The Secretary of Defense shall designate, from among officials of the Department of Defense who are appointed by the President with the advice and consent of the Senate, a Chief Housing Officer who shall oversee housing units.
  • (2) The official of the Department of Defense designated as Chief Housing Officer may be assigned duties in addition to the duties as Chief Housing Officer under subsection (b).
• (b)
  • (1) The Chief Housing Officer shall oversee all aspects of the provision of housing under subchapter IV and this subchapter, including the following:
    • (A) Creation and standardization of policies and processes regarding housing units.
    • (B) Oversight of the administration of any Department of Defense-wide policies regarding housing units, to include, in coordination with the Secretaries of the military departments, the housing documents developed pursuant to section 2890 of this title entitled Military Housing Privatization Initiative Tenant Bill of Rights and Military Housing Privatization Initiative Tenant Responsibilities.
  • (2) The duties specified in paragraph (1) may not be further delegated.

§ 2891. Requirements relating to contracts for provision of housing units

• (a) The requirements of this section condition contracts entered into using the authorities provided to the Secretary concerned under section 2872 of this title and other authorities provided under subchapter IV of this chapter and this subchapter.
• (b) A landlord providing a housing unit shall prohibit any employee of the landlord who commits work-order fraud under the contract from doing any work under the contract.
• (c) Any decision the commander renders in favor of the tenant in the formal dispute resolution process established pursuant to section 2894 of this title will be taken into consideration in determining whether to pay or withhold all or part of any incentive fees for which a landlord may otherwise be eligible under the contract.
• (d)
  • (1) If the Secretary concerned finds that a landlord fails to maintain safe and sanitary conditions for a housing unit under the contract and that, subject to paragraph (2), these conditions result in a tenant of the housing unit receiving medical evaluations and treatment, the landlord shall be responsible for reimbursing the Department of Defense for any costs incurred by the Department to provide the medical evaluations and treatment to the tenant, whether such evaluations and treatment are provided in a military medical treatment facility or through the TRICARE provider network.
  • (2) Before the Secretary concerned may submit a claim under paragraph (1) to a landlord for reimbursement of Department medical evaluation and treatment costs—
    • (A) a military medical professional must determine that the tenant’s medical conditions were caused by unsafe and unsanitary conditions of the housing unit; and
    • (B) the documentation of the medical evaluation showing causation must be sent to the Director of the Defense Health Agency for review and approval.
  • (3) Not later than 180 days after the date of the enactment of this section, the Director of the Defense Health Agency shall develop and publish uniform processes and procedures to be used by medical providers in military medical treatment facilities to make determinations regarding whether environmental hazards within housing units serve as causative factors for medical conditions being evaluated and treated in military medical treatment facilities or through the TRICARE provider network.
• (e)
  • (1) A landlord providing a housing unit shall pay reasonable relocation costs associated with the permanent relocation of a tenant from the housing unit to a different housing 1 1 So in original. Probably should be followed by “unit”. due to health or environmental hazards—
    • (A) present in the housing unit being vacated through no fault of the tenant; and
    • (B) confirmed by the housing management office of the installation for which the housing unit is provided as making the unit uninhabitable or unable to be remediated safely while tenant 2 2 So in original. Probably should be preceded by “the”. occupies the housing unit.
  • (2) The landlord shall pay reasonable relocation costs and actual costs of living, including per diem, associated with the temporary relocation of a tenant to a different housing unit due to health or environmental hazards—
    • (A) present in the housing unit being vacated through no fault of the tenant; and
    • (B) confirmed by the housing management office of the installation as making the unit uninhabitable or unable to be remediated safely while tenant 2 occupies the housing unit.
• (f) A landlord providing a housing unit shall ensure that the maintenance work order system of the landlord (hardware and software) is up to date, including—
  • (1) by providing a reliable mechanism through which a tenant may submit work order requests through an Internet portal and mobile application, which shall incorporate the ability to upload photos, communicate with maintenance personnel, and rate individual service calls;
  • (2) by allowing real-time access to such system by officials of the Department at the installation, major subordinate command, and service-wide levels; and
  • (3) by allowing the work order or maintenance ticket to be closed only once the tenant and the head of the housing management office of the installation sign off.
• (g) The Secretary concerned shall create such legal documents as may be necessary to carry out this section.

§ 2891a. Requirements relating to management of housing units

• (a) The Secretary of Defense shall ensure that each contract between the Secretary concerned and a landlord regarding the management of housing units for an installation of the Department of Defense includes the requirements set forth in this section.
• (b)
  • (1) The installation commander shall be responsible for—
    • (A) reviewing, on an annual basis, the mold mitigation plan and pest control plan of each landlord managing housing units for the installation; and
    • (B) notifying the landlord and the major subordinate command of any deficiencies found in either plan.
  • (2) In response to a request by the head of the housing management office of an installation, the installation commander shall use the assigned bio-environmental personnel or contractor equivalent at the installation to test housing units for mold, unsafe water conditions, and other health and safety conditions 1 1 So in original. Probably should be followed by a period.
• (c)
  • (1) The head of the housing management office of an installation shall be responsible for—
    • (A) conducting a physical inspection of, and approving the habitability of, a vacant housing unit for the installation before the landlord managing the housing unit is authorized to offer the housing unit available for occupancy;
    • (B) conducting a physical inspection of the housing unit upon tenant move-out; and
    • (C) maintaining all test results relating to the health, environmental, and safety condition of the housing unit and the results of any inspection conducted by the housing management office, landlord, or third-party contractor for the life of the contract relating to that housing unit.
  • (2) The head of the installation housing management office shall be provided a list of any move-out charges that a landlord seeks to collect from an outgoing tenant.
  • (3) The head of the installation housing management office shall initiate contact with a tenant regarding the satisfaction of the tenant with the housing unit of the tenant not later than—
    • (A) 15 days after move-in; and
    • (B) 60 days after move-in.
• (d)
  • (1) The landlord providing a housing unit shall disclose to the Secretary of Defense any bonus structures offered for community managers and regional executives and any bonus structures relating to maintenance of housing units, in order to minimize the impact of those incentives on the operating budget of the installation for which the housing units are provided.
  • (2) With respect to test results relating to the health and safety condition of a housing unit, the landlord providing the housing unit shall—
    • (A) not later than three days after receiving the test results, share the results with the tenant of the housing unit and submit the results to the head of the installation housing management office; and
    • (B) include with any environmental hazard test results a simple guide explaining those results, preferably citing standards set forth by the Federal Government relating to environmental hazards.
  • (3) Before a prospective tenant signs a lease to occupy a housing unit, the landlord providing the housing unit shall conduct a walkthrough inspection of the housing unit—
    • (A) for the prospective tenant; or
    • (B) if the prospective tenant is not able to be present for the inspection, with an official of the housing management office designated by the prospective tenant to conduct the inspection on the tenant’s behalf.
  • (4) In the event that the installation housing management office determines that a housing unit does not meet minimum health, safety, and welfare standards set forth in Federal, State, and local law as a result of a walkthrough inspection or an inspection conducted under subsection (c), the landlord providing the housing unit shall remediate any issues and make any appropriate repairs to the satisfaction of the housing management office and subject to another inspection by the housing management office.
  • (5) A landlord providing a housing unit may not conduct any promotional events to encourage tenants to fill out maintenance comment cards or satisfaction surveys of any kind, without the approval of the chief of the housing management office.
  • (6) A landlord providing a housing unit may not award an installation of the Department of Defense or an officer or employee of the Department a “Partner of the Year award” or similar award.
  • (7) A landlord providing a housing unit may not enter into any form of settlement, nondisclosure, or release of liability agreement with a tenant without—
    • (A) first notifying the tenant of the tenant’s right to assistance from the legal assistance office at the installation; and
    • (B) not later than five days before entering into such settlement, nondisclosure, or release of liability agreement, providing a copy of the agreement and terms to the Assistant Secretary of Defense for Sustainment.
  • (8) A landlord providing a housing unit may not change the position of a prospective tenant on a waiting list for a housing unit or remove a prospective tenant from the waiting list in response to the prospective tenant turning down an offer for a housing unit, if the housing unit is determined unsatisfactory by the prospective tenant and the determination is confirmed by the housing management office and the installation commander.
  • (9) A landlord providing a housing unit shall allow employees of the housing management office and other officers and employees of the Department to conduct—
    • (A) with the permission of the tenant of the housing unit as appropriate, physical inspections of the housing unit; and
    • (B) physical inspections of any common areas maintained by the landlord.
  • (10) A landlord providing a housing unit shall agree to participate in the dispute resolution and payment-withholding processes established pursuant to section 2894 of this title .
  • (11) A landlord providing a housing unit shall ensure that the needs of enrollees in the Exceptional Family Member Program, or any successor program, are considered in assigning prospective tenants to housing units provided by the landlord.
  • (12) A landlord providing a housing unit shall maintain an electronic work order system that enables access by the tenant to view work order history, status, and other relevant information, as required by section 2892 of this title .
  • (13) A landlord providing a housing unit shall agree to have any agreements or forms to be used by the landlord approved by the Assistant Secretary of Defense for Sustainment, including the following:
    • (A) A common lease agreement.
    • (B) Any disclosure or nondisclosure forms that could be given to a tenant.
• (e)
  • (1) A landlord providing a housing unit may not impose on a tenant of the housing unit a supplemental payment, such as an out-of-pocket fee, in addition to the amount of rent the landlord charges for a unit of similar size and composition to the housing unit, without regard to whether or not the amount of the any 2 2 So in original. basic allowance for housing under section 403 of title 37 the tenant may receive as a member of the armed forces is less than the amount of the rent.
  • (2) Nothing in paragraph (1) shall be construed—
    • (A) to prohibit a landlord from imposing an additional payment—
      • (i) for optional services provided to military tenants, such as access to a gym or a parking space;
      • (ii) for non-essential utility services, as determined in accordance with regulations promulgated by the Secretary concerned; or
      • (iii) to recover damages associated with tenant negligence, consistent with subsection (c)(2); or
    • (B) to limit or otherwise affect the authority of the Secretary concerned to enter into rental guarantee agreements under section 2876 of this title or to make differential lease payments under section 2877 of this title , so long as such agreements or payments do not require a tenant to pay an out-of-pocket fee or payment in addition to the amount of the any 2 basic allowance for housing under section 403 of title 37 the tenant may receive as a member of the armed forces.

§ 2891b. Considerations of eligible entity housing history in contracts for privatized military housing

• (a) To assist in making a determination whether to enter into a new contract, or renew an existing contract, with an eligible entity, the Secretary of Defense shall develop a standard process by which the Secretary concerned may evaluate the past performance of the eligible entity for purposes of informing future decisions regarding the award of such a contract.
• (b) The process developed under subsection (a) shall include, at a minimum, consideration of the following:
  • (1) Any history of the eligible entity of providing substandard housing.
  • (2) The recommendation of the commander of the installation for which housing units will be provided under the contract.
  • (3) The recommendation of the commander of any other installation for which the eligible entity has provided housing units.

§ 2891c. Financial transparency

• (a)
  • (1) Not less frequently than annually, the Secretary of Defense shall require that each landlord submit to the Secretary a report providing information regarding all housing units provided by the landlord.
  • (2) Information provided under paragraph (1) by a landlord shall include the following:
    • (A) A comprehensive summary of the landlord’s financial performance.
    • (B) The amount of base management fees relating to all housing units provided by the landlord.
    • (C) The amount of asset management fees relating to such housing units.
    • (D) The amount of preferred return fees relating to such housing units.
    • (E) The residual cashflow distributions relating to such housing units.
    • (F) The amount of deferred fees or other fees relating to such housing units.
  • (3) In this subsection:
    • (A) The term “base management fees” means the monthly management fees collected for services associated with accepting and processing rent payments, ensuring tenant rent payments, property inspections, maintenance management, and emergency maintenance calls.
    • (B) the term “asset management fees” means fees paid to manage a housing unit for the purpose of ensuring the housing unit is maintained in good condition and making repairs over the lifecycle of the housing unit.
    • (C) the term “preferred return fees” means fees associated with any claims on profits furnished to preferred investors with an interest in the housing unit.
    • (D) the term “residual cashflow distribution” means the steps a specific housing project takes to restructure after it is determined that the project is in an unacceptable financial condition.
    • (E) the term “deferred fee” means any fee that was not paid to a person in a calendar year in order to meet other financial obligations of the landlord.
• (b)
  • (1) Not less frequently than annually, the Secretary of Defense shall publish, on a publicly accessible website, information regarding the use by the Secretary concerned of incentive fees to support contracts for the provision or management of housing units.
  • (2) The information provided under paragraph (1) shall include, with respect to each contract, the following:
    • (A) The applicable incentive fees.
    • (B) The metrics used to determine the incentive fees.
    • (C) Whether incentive fees were paid in full, or were withheld in part or in full, during the period covered by the release of information.
    • (D) If any incentive fees were withheld, the reasons for such withholding.

§ 2892. Maintenance work order system for housing units

• (a) The Secretary of Defense shall require that each landlord of a housing unit have an electronic work order system to track all maintenance requests relating to the housing unit.
• (b) The Secretary of Defense shall require each landlord of a housing unit to provide access to the maintenance work order system of the landlord relating to the housing unit to the following persons:
  • (1) Personnel of the housing management office at the installation for which the housing unit is provided.
  • (2) Personnel of the installation and engineer command or center of the military department concerned.
  • (3) Such other personnel of the Department of Defense as the Secretary determines necessary.
• (c) The Secretary of Defense shall require each landlord of a housing unit to provide access to the maintenance work order system of the landlord relating to the housing unit to the tenant of the housing unit to permit the tenant, at a minimum, to track the status and progress of work orders for maintenance requests relating to the housing unit.

§ 2892a. Access by tenants to historical maintenance information

The Secretary concerned shall require each eligible entity or subsequent landlord that offers for lease a housing unit to provide to a prospective tenant of the housing unit, before the prospective tenant moves into the housing unit as a tenant, all information regarding maintenance conducted with respect to that housing unit for the previous seven years. In this section, the term “maintenance” includes any renovations of the housing unit during such period.

§ 2892b. Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance

A landlord responsible for a housing unit may not require the disclosure of personally identifiable information as a part of the submission of a request for maintenance regarding a housing unit or common area when the disclosure of personally identifiable information is not needed to identify the location at which such maintenance will be performed.

§ 2893. Treatment of incentive fees for landlords of housing units for failure to remedy health or environmental hazards

The Secretary concerned shall not approve the payment of incentive fees otherwise authorized to be paid to a landlord that the Secretary determines has demonstrated a propensity for failing to remedy, or failing to remedy in a timely manner, a health or environmental hazard at a housing unit provided by the landlord.

§ 2894. Landlord-tenant dispute resolution process and treatment of certain payments during process

• (a) The Secretary concerned shall implement a standardized formal dispute resolution process to ensure the prompt and fair resolution of disputes that arise between landlords providing housing units and tenants residing in housing units concerning maintenance and repairs, damage claims, rental payments, move-out charges, and such other issues relating to housing units as the Secretary determines appropriate.
• (b)
  • (1) The dispute resolution process shall include the process by which a tenant may request that certain payments otherwise authorized to be paid to a landlord are withheld, as provided in subsection (e).
  • (2) The process shall designate the installation or regional commander in charge of oversight of housing units as the deciding authority under the dispute resolution process.
  • (3) The Secretary concerned shall establish a standardized mechanism and forms by which a tenant of a housing unit may submit, through online or other means, a request for resolution of a landlord-tenant dispute through the dispute resolution process.
  • (4) The Secretary shall ensure that, in preparing a request described in paragraph (3), a tenant has access to advice and assistance from a military housing advocate employed by the military department concerned or a military legal assistance attorney under section 1044 of this title .
  • (5) The Secretary concerned shall minimize costs to tenants for participation in the dispute resolution process.
• (c)
  • (1) Not later than 24 hours after receiving a request from a tenant for resolution of a landlord-tenant dispute through the dispute resolution process, the Secretary concerned shall—
    • (A) notify the tenant that the request has been received;
    • (B) transmit a copy of the request to the installation or regional commander (as the case may be), housing management office responsible for the housing unit, and the landlord of the housing unit; and
    • (C) if the request includes a request to withhold payments under subsection (e), initiate the process under such subsection.
  • (2) For purposes of conducting an assessment necessary to render a decision under the dispute resolution process, both the landlord and representatives of the installation housing management office may access the housing unit at a time and for a duration mutually agreed upon amongst the parties.
  • (3) Not later than seven days after the date on which the request was received by the installation housing management office shall 1 1 So in original. complete an investigation that includes a physical inspection and transmit the results of the investigation to the installation or regional commander (as the case may be).
  • (4) Before making any decision with respect to a dispute under the dispute resolution process, the commander shall certify that the commander has solicited recommendations or information relating to the dispute from the following persons:
    • (A) The chief of the installation housing management office.
    • (B) A representative of the landlord for the housing unit.
    • (C) The tenant submitting the request for dispute resolution.
    • (D) A qualified judge advocate or civilian attorney who is a Federal employee.
    • (E) If the dispute involves maintenance or another facilities-related matter, a civil engineer.
  • (5)
    • (A) The commander shall make a decision with respect to a request under the dispute resolution process not later than 30 days after the request was submitted.
    • (B) The commander may take longer than such 30-day period in limited circumstances as determined by the Secretary of Defense, but in no case shall such a decision be made more than 60 days after the request was submitted.
  • (6) A final decision will be transmitted to the tenant and landlord no later than 30 days from initial receipt by the office of the commander, except as provided in paragraph (5)(B).
  • (7) The decision shall include instructions for distribution of any funds that were withheld under subsection (e) and such instructions for the landlord for further remediation as the commander considers necessary.
  • (8) The decision by the commander under this subsection shall be final.
• (d) If the landlord responsible for the housing unit does not remediate the issues in a manner consistent with the instructions contained in the decision rendered under subsection (c) and within a reasonable period of time, as provided in the decision, any amounts payable to the landlord for the housing unit shall be reduced by 10 percent for each period of five days during which the issues remain unremediated.
• (e)
  • (1) As part of the submission of a request for resolution of a landlord-tenant dispute through the dispute resolution process, the tenant may request that all or part of the payments described in paragraph (2) for lease of the housing unit be withheld from the landlord of the housing unit during the period in which—
    • (A) the landlord has not met maintenance guidelines and procedures established by the Department of Defense, either through contract or otherwise; or
    • (B) the housing unit is uninhabitable according to State and local law for the jurisdiction in which the housing unit is located.
  • (2) Paragraph (1) applies to the following:
    • (A) Any basic allowance for housing payable to the tenant (including for any dependents of the tenant in the tenant’s household) under section 403 of title 37 .
    • (B) All or part of any pay of a tenant subject to allotment as described in section 2882(c) of this title .
  • (3) Upon the submission of a request by a tenant under this subsection and under such procedures as the Secretary of Defense shall establish, the Defense Finance and Accounting Service or such other appropriate office of the Department of Defense as the Secretary shall specify for purposes of such procedures, shall tentatively grant the request and hold any amounts withheld in escrow with notice to the landlord until the conclusion of the dispute resolution process.
• (f)
  • (1) Each housing management office of the Department of Defense shall disclose in writing to each new tenant of a housing unit, upon the signing of the lease for the housing unit, the tenant’s rights under this section and the procedures under this section for submitting a request for resolution of a landlord-tenant dispute through the dispute resolution process, including the ability to submit a request to withhold payments during the resolution process.
  • (2) The Secretary of Defense shall ensure that each lease entered into with a tenant for a housing unit clearly expresses, in a separate addendum, the dispute resolution procedures.
• (g) Nothing in this section or any other provision of law shall be construed to prohibit a tenant of a housing unit from pursuing a claim against a landlord in any adjudicative body with jurisdiction over the housing unit or the claim.

§ 2894a. Complaint database

• (a) The Secretary of Defense shall establish a database of complaints made regarding housing units.
• (b) The database shall be available to the public.
• (c) The Secretary of Defense shall permit a tenant of a housing unit to file a complaint regarding the housing unit for inclusion in the database.
• (d)
  • (1) Information accessible in the database regarding a complaint shall include the following:
    • (A) The name of the installation for which the housing unit is provided.
    • (B) The name of the landlord responsible for the housing unit.
    • (C) A description of the nature of the complaint.
  • (2) The Secretary of Defense may not disclose personally identifiable information through the database.
• (e)
  • (1) The Secretary of Defense shall include in any contract with a landlord responsible for a housing unit a requirement that the landlord respond in a timely manner to any complaints included in the database that relate to the housing unit.
  • (2) The Secretary shall include landlord responses in the database.