[USC02] 10 USC 2871: Definitions
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10 USC 2871: Definitions Text contains those laws in effect on September 15, 2019
From Title 10-ARMED FORCESSubtitle A-General Military LawPART IV-SERVICE, SUPPLY, AND PROCUREMENTCHAPTER 169-MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSINGSUBCHAPTER IV-ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING

§2871. Definitions

In this subchapter:

(1) The term "ancillary supporting facilities" means facilities related to military 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 military 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.

(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 military 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 "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.

(8) The term "United States" includes the Commonwealth of Puerto Rico.

(Added Pub. L. 104–106, div. B, title XXVIII, §2801(a)(1), Feb. 10, 1996, 110 Stat. 544 ; amended Pub. L. 105–261, div. B, title XXVIII, §2803, Oct. 17, 1998, 112 Stat. 2202 ; Pub. L. 106–65, div. B, title XXVIII, §2803(a), Oct. 5, 1999, 113 Stat. 848 ; Pub. L. 107–314, div. B, title XXVIII, §2803(b), Dec. 2, 2002, 116 Stat. 2705 ; Pub. L. 108–136, div. A, title X, §1043(c)(6), Nov. 24, 2003, 117 Stat. 1612 ; Pub. L. 109–163, div. B, title XXVIII, §2805(b), Jan. 6, 2006, 119 Stat. 3507 ; Pub. L. 110–417, div. B, title XXVIII, §2805(c), Oct. 14, 2008, 122 Stat. 4723 .)

Amendments

2008-Par. (5). Pub. L. 110–417 inserted before period at end "that is prepared to enter into a contract as a partner with the Secretary concerned for the construction of military housing units and ancillary supporting facilities".

2006-Par. (1). Pub. L. 109–163, §2805(b)(1), inserted "child development centers," after "day care centers,".

Par. (2). Pub. L. 109–163, §2805(b)(2), added par. (2).

2003-Par. (2). Pub. L. 108–136 struck out par. (2) which read as follows: "The term 'base closure law' means the following:

"(A) Section 2687 of this title.

"(B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).

"(C) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)."

2002-Par. (7). Pub. L. 107–314 inserted "and transient housing intended to be occupied by members of the armed forces on temporary duty" before period at end.

1999-Pars. (5) to (8). Pub. L. 106–65 added par. (5) and redesignated former pars. (5) to (7) as (6) to (8), respectively.

1998-Par. (1). Pub. L. 105–261 inserted "facilities to provide or support elementary or secondary education," after "including".

Military Housing Privatization Initiative

Pub. L. 115–232, div. A, title VI, §606, Aug. 13, 2018, 132 Stat. 1795 , provided that:

"(a) Payment Authority.-Each month beginning on the first month after the date of the enactment of this Act [Aug. 13 2018], the Secretary shall pay a lessor of covered housing 5 percent of the amount calculated under section 403(b)(3)(A)(i) of title 37, United States Code, for the area in which the covered housing exists. Any such payment shall be in addition to any other payment made by the Secretary to that lessor.

"(b) Plan for MHPI Housing.-Not later than December 1, 2018, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a long-range plan to develop measures to consistently address the future sustainment, recapitalization, and financial condition of MHPI housing. The plan shall include-

"(1) efforts to mitigate the losses incurred by MHPI housing projects because of the reductions to BAH under section 603 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; [which amended] 37 U.S.C. 403(b)(3)(B)); and

"(2) a full assessment of the effects of such reductions (in relation to calculations of market rates for rent and utilities) on the financial condition of MHPI housing.

"(c) Reporting.-The Secretary shall direct the Assistant Secretary of Defense for Energy, Installations, and Environment to take the following steps regarding reports under section 2884(c) of title 10, United States Code:

"(1) Provide additional contextual information on MHPI housing to identify any differences in the calculation of debt coverage ratios and any effect of such differences on their comparability.

"(2) Immediately resume issuing such reports on the financial condition of MHPI housing.

"(3) Revise Department of Defense guidance on MHPI housing-

"(A) to ensure that relevant financial data (such as debt coverage ratios) in such reports are consistent and comparable in terms of the time periods of the data collected;

"(B) to include a requirement that the secretary of each military department includes measures of future sustainment into each assessments of MHPI housing projects; and

"(C) to require the secretary of each military department to define risk tolerance regarding the future sustainability of MHPI housing projects.

"(4) Report financial information on future sustainment of each MHPI housing project in such reports.

"(5) Provide Department of Defense guidance to the secretaries of the military departments to-

"(A) assess the significance of the specific risks to individual MHPI housing projects from the reduction in BAH; and

"(B) identify methods to mitigate such risks based on their significance.

"(6) Not later than December 1, 2018, finalize Department of Defense guidance that clearly defines-

"(A) the circumstances in which the military departments shall provide notification of housing project changes to the congressional defense committees; and

"(B) which types of such changes require prior notification to or prior approval from the congressional defense committees.

"(d) Definitions.-In this section:

"(1) The term 'BAH' means the basic allowance for housing under section 403 of title 37, United States Code.

"(2) The term 'covered housing' means a unit of MHPI housing that is leased to a member of a uniformed service who resides in such unit.

"(3) The term 'MHPI housing' means housing acquired or constructed under the alternative authority of subchapter IV of chapter 169 of title 10, United States Code (known as the Military Housing Privatization Initiative) on or before September 30, 2014."