§ 2871. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Military Construction Authorization Act for Fiscal Year 1996”

   Pub. L. 104–106 div. B title XXVIII § 2801(a)(1) · 110 Stat. 186

   Enacted · 10 U.S.C. § 2871

   Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 544

   Source evidence

   Code source credit
   Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 544

   Enacted provision · exact public law section
   (1) Chapter 169 of title 10, United States Code, is amended by adding at the end the following new subchapter: “SUBCHAPTER IV— ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING “Sec. “2871.  Definitions. “2872.  General authority. “2873.  Direct loans and loan guarantees. “2874.  Leasing of housing to be constructed. “2875.  Investments in nongovernmental entities. “2876.  Rental guarantees. “2877.  Differential lease payments. “2878.  Conveyance or lease of existing property and facilities. “2879.  Interim leases. “2880.  Unit size and type. “2881.  Ancillary supporting facilities. “2882.  Assignment of members of the armed forces to housing units. “2883.  Department of Defense Housing Funds. “2884.  Reports. “2885.  Expiration of authority. “§ 2871. Definitions “In this subchapter: “(1) The term ‘ancillary supporting facilities’ means facilities related to military housing units, including child care centers, day care centers, tot lots, community centers, housing offices, dining facilities, unit offices, and other similar facilities for the support of military housing. “(2) 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). “(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 ‘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. “(6) 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. “(7) 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 private persons 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. “§ 2873. Direct loans and loan guarantees “(a) Direct Loans.— (1) Subject to subsection (c), the Secretary concerned may make direct loans to persons in the private sector in order to provide funds to such persons 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) Loan Guarantees.— (1) Subject to subsection (c), the Secretary concerned may guarantee a loan made to any person in the private sector if the proceeds of the loan are to be used by the person 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) Limitation on Direct Loan and Guarantee Authority.— 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 to be constructed “(a) Build and Lease Authorized.— The Secretary concerned may enter into contracts for the lease of military family housing units or military unaccompanied housing units to be constructed under this subchapter. “(b) Lease Terms.— 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 in nongovernmental entities “(a) Investments Authorized.— The Secretary concerned may make investments in nongovernmental entities carrying out projects for the acquisition or construction of housing units suitable for use as military family housing or as military unaccompanied housing. “(b) Forms of Investment.— 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) Limitation on Value of Investment.— (1) The cash amount of an investment under this section in a nongovernmental entity may not exceed an amount equal to 33Vs percent of the capital cost (as determined by the Secretary concerned) of the project or projects that the entity proposes to carry out under this section with the investment. “(2) If the Secretary concerned conveys land or facilities to a nongovernmental entity as all or part of an investment in the 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 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) Collateral Incentive Agreements.— The Secretary concerned shall enter into collateral incentive agreements with non-governmental 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 private persons 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 private 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) Conveyance or Lease Authorized.— The Secretary concerned may convey or lease property or facilities (including ancillary supporting facilities) to private persons for purposes of using the proceeds of such conveyance or lease to carry out activities under this subchapter. “(b) Inapplicability to Property at Installation Approved for Closure.— 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) Terms and Conditions.— (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. “(d) Inapplicability of Certain Property Management Laws.— 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) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). “(3) Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (40 U.S.C. 303b). “(4) Section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401). “§ 2879. Interim leases “Pending completion of a project to acquire or construct military family housing units or military unaccompanied housing units under this subchapter, the Secretary concerned may provide for the interim lease of such units of the project as are complete. The term of a lease under this section may not extend beyond the date of the completion of the project concerned. “§ 2880. Unit size and type “(a) Conformity With Similar Housing Units in Locale.— 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) Inapplicability of Limitations on Space by Pay Grade.— (1) Section 2826 of this title shall not apply to military family housing units acquired or constructed under this subchapter. “(2) The regulations prescribed under section 2856 of this title shall not apply to any military unaccompanied housing unit acquired or constructed under this subchapter unless the unit is located on a military installation. “§ 2881. Ancillary supporting facilities “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. “§ 2882. Assignment of members of the armed forces to housing units “(a) In General.— The Secretary concerned may assign members of the armed forces to housing units acquired or constructed under this subchapter. “(b) Effect of Certain Assignments on Entitlement to Housing Allowances.— (1) Except as provided in paragraph (2), housing referred to in subsection (a) 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(b) of title 37. “(2) A member of the armed forces who is assigned in accordance with subsection (a) to a housing unit not owned or leased by the United States shall be entitled to a basic allowance for quarters under section 403 of title 37 and, if in a high housing cost area, a variable housing allowance under section 403a of that title. “(c) Lease Payments Through Pay Allotments.— 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) Establishment.— 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) Commingling of Funds Prohibited.— (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) Credits to Funds.— (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 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. “(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. “(d) Use of Amounts in Funds.— (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. “(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. “(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) Limitation on Obligations.— 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. “(f) Notification Required for Transfers.— A transfer of appropriated amounts to a Fund under paragraph (1)(B) or (2)(B) of subsection (c) may be made only after the end of the 30-day period beginning on the date the Secretary of Defense submits written notice of, and justification for, the transfer to the appropriate committees of Congress. “(g) Limitation on Amount of Budget Authority.— The total value in budget authority of all contracts and investments undertaken using the authorities provided in this subchapter shall not exceed— “(1) $850,000,000 for the acquisition or construction of military family housing; and “(2) $150,000,000 for the acquisition or construction of military unaccompanied housing. “§ 2884. Reports “(a) Project Reports.— (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) The report shall describe the proposed contract, conveyance, or lease and the intended method of participation of the United States in the contract, conveyance, or lease and provide a justification of such method of participation. The report shall be submitted not later than 30 days before the date on which the Secretary issues the contract solicitation or offers the conveyance or lease. “(b) Annual Reports.— 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 report on the expenditures and receipts during the preceding fiscal year covering the Funds established under section 2883 of this title. “(2) A methodology for evaluating the extent and effectiveness of the use of the authorities under this subchapter during such preceding fiscal year. “(3) A description of the objectives of the Department of Defense for providing military family housing and military unaccompanied housing for members of the armed forces. “§ 2885. Expiration of authority “The authority to enter into a contract under this subchapter shall expire five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996.”.

2. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. B title XXVIII § 2803 · 112 Stat. 1920

   Inserted · 10 U.S.C. § 2871(1)

   Pub. L. 105–261 inserted “facilities to provide or support elementary or secondary education,” after “including”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 105–261 inserted “facilities to provide or support elementary or secondary education,” after “including”.

   Enacted provision · exact public law section
   SEC. 2803. DEFINITION OF ANCILLARY SUPPORTING FACILITIES UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING. Section 2871(1) of title 10, United States Code, is amended by inserting after “including” the following: “facilities to provide or support elementary or secondary education,”.

3. 1999

   Pub. L. 106–65 div. B title XXVIII § 2803(a) · 113 Stat. 512

   1. Added · 10 U.S.C. § 2871(5)(8)

      Pub. L. 106–65 added par. (5)

   2. Redesignated · 10 U.S.C. § 2871(5)(8)

      Pub. L. 106–65 redesignated former pars. (5) to (7) as (6) to (8), respectively

   Source evidence

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

   Enacted provision · exact public law section
   (a) Definition of Eligible Entity.— Section 2871 of title 10, United States Code, is amended— (1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8) respectively; and (2) by inserting after paragraph (4) the following new paragraph: “(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.”.

4. 2002

   Pub. L. 107–314 div. B title XXVIII § 2803(b) · 116 Stat. 2458

   Inserted · 10 U.S.C. § 2871(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 2871(7) of title 10, United States Code, is amended by inserting before the period at the end the following: “and transient housing intended to be occupied by members of the armed forces on temporary duty”.

5. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title X § 1043(c)(6) · 117 Stat. 1392

   Struck · 10 U.S.C. § 2871(2)

   Pub. L. 108–136 struck out par. (2) which read as follows: “The term ‘base closure law’ means the following:

   Source evidence

   Code amendment note
   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).”

   Enacted provision · exact public law section
   (6) Section 2871 is amended by striking paragraph (2).

6. 2006

   Military Construction Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 2805(b)(1) · 119 Stat. 3136

   Inserted · 10 U.S.C. § 2871(1)

   Pub. L. 109–163, § 2805(b)(1), inserted “child development centers,” after “day care centers,”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 109–163, § 2805(b)(1), inserted “child development centers,” after “day care centers,”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by inserting “child development centers,” after “day care centers,”; and

7. 2006

   Military Construction Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 2805(b)(2) · 119 Stat. 3136

   Added · 10 U.S.C. § 2871(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) by inserting after paragraph (1) the following new paragraph: “(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.” .

8. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 div. B title XXVIII § 2805(c) · 122 Stat. 4356

   Inserted · 10 U.S.C. § 2871(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (c) Partnership With Eligible Entity Required.— Section 2871(5) of title 10, United States Code, is amended by inserting before the period at the end the following: “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”.

9. 2019

   Military Construction Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 § 3011(a) · 133 Stat. 1198

   Inserted · 10 U.S.C. § 2871

   Pub. L. 116–92, § 3011(a), inserted “and subchapter V of this chapter” after “this subchapter” in introductory provisions

   Source evidence

   Code amendment note
   Pub. L. 116–92, § 3011(a), inserted “and subchapter V of this chapter” after “this subchapter” in introductory provisions.

   Enacted provision · exact public law section
   (a) Applicability of Definitions.— Section 2871 of title 10, United States Code, as amended by section 3001, is further amended in the matter preceding the paragraphs by inserting “and subchapter V of this chapter” after “this subchapter”.

10. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 3001(c) · 133 Stat. 1198

    Struck · 10 U.S.C. § 2871(1); 10 U.S.C. § 2871(3)

    Pub. L. 116–92, § 3001(c), struck out “military” before “housing units”

    Source evidence

    Code amendment note
    Pars. (1), (3). Pub. L. 116–92, § 3001(c), struck out “military” before “housing units”.

    Enacted provision · exact public law section
    (c) Conforming Amendments to Existing Definitions.— Section 2871 of title 10, United States Code, is further amended in paragraphs (1), (3), and (5) by striking “military” before “housing units”.

11. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 3001(b)(1) · 133 Stat. 1198

    Inserted · 10 U.S.C. § 2871(4)

    Pub. L. 116–92, § 3001(b)(1), inserted at end “The fact that an agreement between an eligible entity and the Secretary concerned is designated as an 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.”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 116–92, § 3001(b)(1), inserted at end “The fact that an agreement between an eligible entity and the Secretary concerned is designated as an 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.”

    Enacted provision · exact public law section
    (1) in paragraph (4), by adding at the end the following new sentence: “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.”;

12. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 3001(c) · 133 Stat. 1198

    Struck · 10 U.S.C. § 2871(5)

    Pub. L. 116–92, § 3001(c), struck out “military” before “housing units”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 116–92, § 3001(c), struck out “military” before “housing units”.

    Enacted provision · exact public law section
    (c) Conforming Amendments to Existing Definitions.— Section 2871 of title 10, United States Code, is further amended in paragraphs (1), (3), and (5) by striking “military” before “housing units”.

13. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 3001(b)(3) · 133 Stat. 1198

    Redesignated · 10 U.S.C. § 2871(7)(10)

    Pub. L. 116–92, § 3001(b)(3), added pars. (7) to (10). Former pars. (7) and (8) redesignated (11) and (13), respectively

    Source evidence

    Code amendment note
    Pars. (7) to (10). Pub. L. 116–92, § 3001(b)(3), added pars. (7) to (10). Former pars. (7) and (8) redesignated (11) and (13), respectively.

    Enacted provision · exact public law section
    (3) by inserting after paragraph (6) the following new paragraphs: “(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.” ; and

14. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 3001(b)(2) · 133 Stat. 1198

    Redesignated · 10 U.S.C. § 2871(11)

    Pub. L. 116–92, § 3001(b)(2), redesignated par. (7) as (11)

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 116–92, § 3001(b)(2), redesignated par. (7) as (11).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (7) and (8) as paragraphs (11) and (13), respectively;

15. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 3001(b)(4) · 133 Stat. 1198

    Added · 10 U.S.C. § 2871(12)

    Pub. L. 116–92, § 3001(b)(4), added par. (12)

    Source evidence

    Code amendment note
    Par. (12). Pub. L. 116–92, § 3001(b)(4), added par. (12).

    Enacted provision · exact public law section
    (4) by inserting after paragraph (11), as redesignated by paragraph (2) of this subsection, the following new paragraph: “(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.” .

16. 2019

    Military Construction Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 3001(b)(2) · 133 Stat. 1198

    Redesignated · 10 U.S.C. § 2871(13)

    Pub. L. 116–92, § 3001(b)(2), redesignated par. (8) as (13)

    Source evidence

    Code amendment note
    Par. (13). Pub. L. 116–92, § 3001(b)(2), redesignated par. (8) as (13).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (7) and (8) as paragraphs (11) and (13), respectively;

17 of 17 references resolved to an enrolled provision