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10 U.S.C. § 2872a (ARMED FORCES)
§ 2872a. Utilities and services
(a) Authority To Furnish.—
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) Covered Utilities and Services.—
The utilities and services that may be furnished under subsection (a) are the following:
(1) Electric power.
(2) Steam.
(3) Compressed air.
(4) Water.
(5) Sewage and garbage disposal.
(6) Natural gas.
(7) Pest control.
(8) Snow and ice removal.
(9) Mechanical refrigeration.
(10) Telecommunications service.
(11) Firefighting and fire protection services.
(12) Police protection services.
(13) Street sweeping.
(14) Tree trimming and removal.
(c) Reimbursement.—
(1) The Secretary 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.
(Added Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2805(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–414; amended Pub. L. 107–314, div. B, title XXVIII, § 2802(a), Dec. 2, 2002, 116 Stat. 2703; Pub. L. 113–66, div. B, title XXVIII, § 2804, Dec. 26, 2013, 127 Stat. 1007; Pub. L. 116–92, div. B, title XXX, § 3032, Dec. 20, 2019, 133 Stat. 1936.)
heading: Amendments
text: 2019—Subsec. (b)(13), (14). Pub. L. 116–92 added pars. (13) and (14).
2013—Subsec. (c)(2), (3). Pub. L. 113–66 substituted “under paragraph (1) as reimbursement for the cost of furnishing utilities or services shall—” for “under paragraph (1) shall be credited to the appropriation or working capital account from which the cost of furnishing the utilities or services concerned was paid.”, added subpars. (A) and (B), designated second sentence of par. (2) as par. (3), and substituted “Amounts credited under paragraph (2)” for “Amounts so credited”.
2002—Subsec. (b)(11), (12). Pub. L. 107–314 added pars. (11) and (12).
10 U.S.C. § 2872b (ARMED FORCES)
§ 2872b. Treatment of breach of contract
(a) Response to Material Breach.—
In the case of a material breach of contract under this subchapter by a party to the contract, the 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) Rescinding of Contract.—
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.
(Added Pub. L. 116–92, div. B, title XXX, § 3033(a), Dec. 20, 2019, 133 Stat. 1936.)
10 U.S.C. § 2886 (ARMED FORCES)
[§ 2886. Repealed. Pub. L. 116–92, div. B, title XXX, § 3014(d)(1), Dec. 20, 2019, 133 Stat. 1926]
text: Section, added Pub. L. 115–91, div. A, title VI, § 602(a), Dec. 12, 2017, 131 Stat. 1417, prohibited collection of amounts in addition to rent from members assigned to military family housing units or military unaccompanied housing units. See section 2891a(e) of this title.
10 U.S.C. § 2890a (ARMED FORCES)
§ 2890a. Chief Housing Officer
(a) Designation.—
(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) Principal Duties.—
(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.
(Added Pub. L. 116–92, div. B, title XXX, § 3012(a), Dec. 20, 2019, 133 Stat. 1921.)
heading: Notification of Designation
text: Pub. L. 116–92, div. B, title XXX, § 3012(b), Dec. 20, 2019, 133 Stat. 1921, provided that: “Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], the Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the official of the Department of Defense designated as Chief Housing Officer under section 2890a of title 10, United States Code, as added by subsection (a). Any time the designation of Chief Housing Officer changes, the Secretary of Defense shall update the notification of the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 30 days after the new designation.”
10 U.S.C. § 2891b (ARMED FORCES)
§ 2891b. Considerations of eligible entity housing history in contracts for privatized military housing
(a) Consideration Required.—
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) Elements of Process.—
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.
(Added Pub. L. 116–92, div. B, title XXX, § 3015, Dec. 20, 2019, 133 Stat. 1927.)
10 U.S.C. § 2891c (ARMED FORCES)
§ 2891c. Financial transparency
(a) Submission of Landlord Financial Information.—
(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) Availability of Information on Use of Incentive Fees.—
(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.
(Added Pub. L. 116–92, div. B, title XXX, § 3016(a), Dec. 20, 2019, 133 Stat. 1927.)
10 U.S.C. § 2892 (ARMED FORCES)
§ 2892. Maintenance work order system for housing units
(a) Electronic Work Order System Required.—
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) Access by Department Personnel.—
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) Access by Tenants.—
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.
(Added and amended Pub. L. 116–92, div. B, title XXX, §§ 3017, 3018, Dec. 20, 2019, 133 Stat. 1930.)
heading: Amendments
text: 2019—Subsec. (c). Pub. L. 116–92, § 3018, added subsec. (c).
10 U.S.C. § 2892a (ARMED FORCES)
§ 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.
(Added Pub. L. 116–92, div. B, title XXX, § 3019, Dec. 20, 2019, 133 Stat. 1931.)
10 U.S.C. § 2892b (ARMED FORCES)
§ 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.
(Added Pub. L. 116–92, div. B, title XXX, § 3020(a), Dec. 20, 2019, 133 Stat. 1931.)
heading: Effective Date of 2019 Amendment
text: Pub. L. 116–92, div. B, title XXX, § 3020(b), Dec. 20, 2019, 133 Stat. 1931, provided that: “The prohibition in section 2892b of title 10, United States Code, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 20, 2019].”
10 U.S.C. § 2893 (ARMED FORCES)
§ 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.
(Added Pub. L. 116–92, div. B, title XXX, § 3021, Dec. 20, 2019, 133 Stat. 1931.)
10 U.S.C. § 2894a (ARMED FORCES)
§ 2894a. Complaint database
(a) Database Required.—
The Secretary of Defense shall establish a database of complaints made regarding housing units.
(b) Public Availability.—
The database shall be available to the public.
(c) Inclusion of Tenant Complaints.—
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) Inclusion of Certain Information.—
(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) Response by Landlords.—
(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.
(Added Pub. L. 116–92, div. B, title XXX, § 3016(b), Dec. 20, 2019, 133 Stat. 1929.)
10 U.S.C. § 7081 (ARMED FORCES)
§ 7081. Dental Corps: Chief, functions
(a) The Chief of the Dental Corps shall be an officer of that corps appointed as prescribed in section 3039 1 of this title.
(b) Under such regulations as the Secretary of the Army may prescribe, all dental functions of the Army shall be under the direction of the Chief of the Dental Corps. All matters relating to dentistry shall be referred to the Chief of the Dental Corps.
(c) The Chief of the Dental Corps shall—
(1) establish professional standards and policies for dental practice;
(2) initiate and recommend action pertaining to organization requirements and utilization of the Dental Corps and dental auxiliary strength, appointments, advancement, training assignments, and transfer of dental personnel; and
(3) serve as the adviser to the Office of the Surgeon General on all matters relating directly to dentistry.
(d) Under such regulations as the Secretary of the Army may prescribe, dental and dental auxiliary personnel throughout the Army shall be organized into units commanded by a designated commissioned officer of the Army Medical Department. Such officer will be directly responsible to the commander of installations, organizations, and activities for all professional and technical matters and such administrative matters as may be prescribed by regulation.
(Added Pub. L. 95–485, title VIII, § 805(b)(1), Oct. 20, 1978, 92 Stat. 1621, § 3081; amended Pub. L. 99–433, title V, § 502(f)(3), Oct. 1, 1986, 100 Stat. 1042; renumbered § 7081, Pub. L. 115–232, div. A, title VIII, § 808(a), Aug. 13, 2018, 132 Stat. 1838; Pub. L. 116–92, div. A, title VII, § 714, Dec. 20, 2019, 133 Stat. 1446.)
heading: References in Text
text: Section 3039 of this title, referred to in subsec. (a), was repealed by Pub. L. 114–328, div. A, title V, § 502(n)(1), Dec. 23, 2016, 130 Stat. 2103.
heading: Prior Provisions
text: A prior section 7081 was renumbered section 8581 of this title.
heading: Amendments
text: 2019—Subsec. (d). Pub. L. 116–92 substituted “commissioned officer of the Army Medical Department” for “Dental Corps Officer”.
2018—Pub. L. 115–232 renumbered section 3081 of this title as this section.
1986—Subsec. (a). Pub. L. 99–433 substituted “section 3039” for “section 3040”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
10 U.S.C. § 8299 (ARMED FORCES)
[§ 8299. Repealed. Pub. L. 116–92, div. A, title V, § 582(b)(2)(A), Dec. 20, 2019, 133 Stat. 1412]
text: Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 390, § 6249; renumbered § 8299, Pub. L. 115–232, div. A, title VIII, § 807(b)(13), Aug. 13, 2018, 132 Stat. 1836, related to limitation of honorable service.
text: A prior section 8299, acts Aug. 10, 1956, ch. 1041, 70A Stat. 511; Aug. 21, 1957, Pub. L. 85–155, title III, § 301(10), title IV, § 401(1), 71 Stat. 387, 390; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(21), 72 Stat. 1565; Sept. 30, 1966, Pub. L. 89–609, § 1(29), 80 Stat. 854; Nov. 8, 1967, Pub. L. 90–130, § 1(27)(A), 81 Stat. 382, provided that promotion-list officers be promoted to regular grades of captain, major, and lieutenant colonel, after specified length of service or without regard to length of service in view of actual or anticipated vacancies if Secretary of Air Force so directs, or be eliminated from active list under section 8303 of this title and a promotion-list officer who has twice been considered and not recommended for promotion to any one regular grade not be again considered for promotion under this section, prior to repeal by Pub. L. 96–513, title II, § 204, Dec. 12, 1980, 94 Stat. 2880, effective Sept. 15, 1981. See sections 631 and 632 of this title.
10 U.S.C. § 8690 (ARMED FORCES)
§ 8690. Limitation on length of overseas forward deployment of naval vessels
(a) Limitation.—
The Secretary of the Navy shall ensure that no naval vessel specified in subsection (b) that is listed in the Naval Vessel Register is forward deployed overseas for a period in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States.
(b) Vessels Specified.—
A naval vessel specified in this subsection is any of the following:
(1) Aircraft carrier.
(2) Amphibious ship.
(3) Cruiser.
(4) Destroyer.
(5) Frigate.
(6) Littoral Combat Ship.
(c) Waiver.—
The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary submits to the congressional defense committees notice in writing of—
(1) the waiver of such limitation with respect to the vessel;
(2) the date on which the period of overseas forward deployment of the vessel is expected to end; and
(3) the factors used by the Secretary to determine that a longer period of deployment would promote the national defense or be in the public interest.
(Added § 7320 and renumbered § 8690, Pub. L. 115–232, div. A, title III, § 323(a)(1), title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1719, 1836.)
heading: Prior Provisions
text: A prior section 8690, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, exempted enlisted members of Air Force, while on active duty, from arrest for any debt, unless it was contracted before enlistment and amounted to at least $20 when first contracted, prior to repeal by Pub. L. 90–235, § 7(b)(1), Jan. 2, 1968, 81 Stat. 763.
heading: Amendments
text: 2018—Pub. L. 115–232, § 807(d)(2), renumbered section 7320 of this title as this section.
heading: Effective Date of 2018 Amendment
text: Amendment by section 807(d)(2) of Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
heading: Treatment of Currently Deployed Vessels
text: Pub. L. 115–232, div. A, title III, § 323(b), (c), Aug. 13, 2018, 132 Stat. 1720, as amended by Pub. L. 116–92, div. A, title III, § 353(2), Dec. 20, 2019, 133 Stat. 1321, provided that:
“(b) Treatment of Currently Deployed Vessels.—
In the case of any naval vessel that has been forward deployed overseas for a period in excess of ten years as of the date of the enactment of this Act [Aug. 13, 2018], the Secretary of the Navy shall ensure that such vessel is assigned a homeport in the United States by not later than three years after the date of the enactment of this Act.
“(c) Extension of Limitation on Length of Overseas Forward Deployment for U.S.S. Shiloh (CG–67).—
Notwithstanding subsection (b), the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG–67) is assigned a homeport in the United States by not later than September 30, 2023.”
10 U.S.C. § 8692 (ARMED FORCES)
§ 8692. Ford-class aircraft carriers: cost limitation baselines
(a) Limitation.—
The total amounts obligated or expended from funds authorized to be appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, may not exceed the following amounts for the following aircraft carriers:
(1) $13,224,000,000 for the construction of the aircraft carrier designated CVN–78.
(2) $11,398,000,000 for the construction of the aircraft carrier designated CVN–79.
(3) $12,202,000,000 for the construction of the aircraft carrier designated CVN–80.
(4) $12,451,000,000 for the construction of the aircraft carrier designated CVN–81.
(b) Exclusion of Battle and Interim Spares From Cost Limitation.—
The Secretary of the Navy shall exclude from the determination of the amounts set forth in subsection (a) the costs of the following items:
(1) CVN–78 class battle spares.
(2) Interim spares.
(3) Increases attributable to economic inflation after December 1, 2018, not otherwise included in the amounts listed in subsection (a).
(c) Written Notice and Briefing on Change in Amount.—
The Secretary of the Navy may adjust an amount listed in subsection (a) not fewer than 15 days after submitting written notice and providing a briefing to the congressional defense committees, each of which shall include the amount and rationale of any change and the resulting amount after such change.
(Added Pub. L. 116–92, div. A, title I, § 121(a), Dec. 20, 2019, 133 Stat. 1233.)
heading: Prior Provisions
text: A prior section 8692, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, provided qualifications to receive a rating of pilot in time of peace, prior to repeal by Pub. L. 92–168, § 3(1), Nov. 24, 1971, 85 Stat. 489. See section 2003 of this title.
A prior section 8693, act Aug. 10, 1956, ch. 1041, 70A Stat. 538, provided for replacement of a lost or destroyed certificate of discharge from Air Force, prior to repeal by Pub. L. 90–235, § 7(a)(3), Jan. 2, 1968, 81 Stat. 763. See section 1040 of this title.