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

§ 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.

(Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 157; amended Pub. L. 99–145, title XIII, § 1303(a)(18), Nov. 8, 1985, 99 Stat. 739; Pub. L. 99–167, title VIII, § 804(a), Dec. 3, 1985, 99 Stat. 987; Pub. L. 116–92, div. B, title XXX, § 3031, Dec. 20, 2019, 133 Stat. 1936.)

Editorial Notes

Amendments

2019—Subsec. (e). Pub. L. 116–92 added subsec. (e).

1985—Subsec. (b). Pub. L. 99–145 substituted “such subsection” for “such paragraph”.

Subsec. (d). Pub. L. 99–167 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title.

Pilot Program for Emerging Technologies for Moisture Control and Mitigation

Pub. L. 119–60, div. B, title XXVIII, § 2829, Dec. 18, 2025, 139 Stat. 1312, provided that: “(a) Establishment.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall carry out a pilot program to assess and implement emerging technologies for moisture control and mitigation in covered housing. “(b) Selection of Locations.—The Secretary shall select not fewer than three and not more than five military installations at which to carry out the pilot program established under subsection (a). The Secretary shall prioritize selection of military installations in regions with elevated climate-related risk factors for mold growth, such as persistent humidity, frequent rainfall, or outdated HVAC infrastructure. “(c) Elements.—In carrying out the pilot program established under this section, the Secretary shall—“(1) install moisture detection systems with advanced capabilities, including sensor-based humidity or spore monitoring technologies capable of generating early warnings for environmental risk conditions; “(2) implement noninvasive or technology-enabled mold remediation tools, such as antimicrobial coatings, dry fogging systems, or UV-based sterilization units; “(3) define infrastructure requirements, including upgrades to building materials or HVAC systems, necessary to support sustained mold prevention using the selected moisture detection systems; “(4) train relevant personnel on the deployment, maintenance, and data interpretation of selected moisture detection systems; “(5) designate an individual at each military installation selected under subsection (b) to oversee the implementation of the pilot program; and “(6) develop a strategic implementation and evaluation plan to assess performance of the selected moisture detection systems and inform future decisions relating to such systems. “(d) Report and Briefings.—“(1) Report.—Not later than 180 days after the termination date in subsection (e), the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the results of the pilot program, including recommendations for broader implementation and an assessment of costs and benefits. “(2) Briefings.—“(A) Plan.—Upon completion of the plan required under subsection (c)(6), the Secretary shall provide to the congressional defense committees a briefing on the plan and any preliminary findings. “(B) Displacements.—Not later than 180 days after the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall provide to the congressional defense committees a briefing on—“(i) the number of individuals displaced from covered housing for reasons relating to mold or moisture control or mitigation during fiscal year 2025, disaggregated by military department; “(ii) the number of days such individuals were displaced; and “(iii) the result of the displacement. “(e) Termination.—The authority to carry out the pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 18, 2025]. “(f) Covered Housing Defined.—In this section, the term ‘covered housing’ means housing provided under subchapter II or subchapter IV of chapter 169 of title 10, United States Code.”

Inspections by Qualified Home Inspector of Privatized and Government-Owned Military Housing

Pub. L. 119–60, div. B, title XXVIII, § 2831, Dec. 18, 2025, 139 Stat. 1314, provided that: “(a) Establishment of Independent Inspection Protocol.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall establish a standardized inspection and audit program for privatized military housing and Government-owned military housing that provides for such inspections and audits to be conducted by an independent qualified home inspector. “(b) Inspection Requirements.—Under the program established by subsection (a), a qualified home inspector shall annually inspect not less than five percent of privatized military housing and Government-owned military housing units. Such inspection shall include, at a minimum—“(1) an evaluation of HVAC systems, plumbing, electrical systems, and structural integrity of the privatized military housing and Government-owned military housing units; and “(2) an inspection for signs of water intrusion, visible and nonvisible mold, microbial contamination, and other indoor air quality concerns. “(c) Inspection Implementation Plan.—Not later than February 1, 2026, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan to implement the program established under subsection (a), including—“(1) contracting procedures for qualified home inspectors; “(2) inspection methodologies; “(3) protocols for reporting, remediation, and follow-up actions; and “(4) integration with existing oversight and compliance frameworks for privatized military housing and Government-owned military housing. “(d) Reporting Requirements.—Not later than March 1, 2027, and annually thereafter until March 1, 2032, the Secretary of Defense shall submit to the congressional defense committees a report on the results of inspections conducted under this section during the preceding calendar year. The report shall include—“(1) findings and deficiencies identified; “(2) remediation timelines and actions taken; and “(3) recommendations for improving housing conditions and oversight. “(e) Definitions.—In this section:“(1) The term ‘privatized military housing’ has the meaning given in section 3001(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2821 note). “(2) The term ‘qualified home inspector’ means an individual who—“(A) possesses housing inspection credentials required by the State in which the inspection is performed; and “(B) is not an employee of, or in a fiduciary relationship with—“(i) the Federal Government; or “(ii) any entity that owns or manages privatized military housing or Government-owned military housing.”

Implementation of Comptroller General Recommendations Relating to Critical Military Housing Supply and Affordability

Pub. L. 119–60, div. B, title XXVIII, § 2852, Dec. 18, 2025, 139 Stat. 1322, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], and except as provided in subsection (c), the Secretary of Defense shall implement each recommendation of the Comptroller General of the United States contained in the report dated October 30, 2024, and entitled ‘Military Housing: DOD Should Address Critical Supply and Affordability Challenges for Service Members’ (GAO–25–106208), as those recommendations are modified under subsection (b). “(b) Recommendations to Be Implemented.—In carrying out the requirements under subsection (a), the Secretary of Defense shall implement the recommendations specified under such subsection as follows:“(1) The Secretary shall—“(A) perform a structured analysis to develop a comprehensive list of housing areas in which members of the Armed Forces and their families may face the most critical challenges in finding and affording private sector housing in the community; “(B) in conducting the analysis under subparagraph (A), consider the unique characteristics of a location, such as vacation rental areas; and “(C) regularly update the list required under subparagraph (A) not less frequently than once every two years. “(2) The Secretary shall obtain and use feedback on the financial and quality-of-life effects of limited supply or unaffordable housing on members of the Armed Forces through the status of forces survey and other service or installation-specific feedback mechanisms. “(3) The Secretary shall, in coordination with each Secretary of a military department—“(A) develop a plan for how the Department of Defense can respond to and address the financial and quality-of-life effects in housing areas identified under paragraph (1); and “(B) in developing the plan under subparagraph (A), examine strategies for increasing housing supply or providing alternative compensation to offset the effects of limited supply or unaffordable housing in housing areas identified under paragraph (1). “(4) The Secretary shall clarify, through the issuance of guidance to the military departments, the role of the Office of the Secretary of Defense in oversight of the Housing Requirements and Market Analysis process of the military departments to ensure that—“(A) the military departments conduct such process in a timely manner; and “(B) the Secretary submits to Congress any plans or other matters relating to such process for each fiscal year as required by existing law. “(5) The Secretary shall ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment provides updated guidance to the military departments on how installations of the Department of Defense should coordinate with local communities, including by clearly defining the roles and responsibilities of commanders and military housing offices of such installations in addressing housing needs. “(c) Non-implementation Reporting Requirement.—If the Secretary of Defense elects not to implement a recommendation specified under subsection (a), as modified under subsection (b), the Secretary shall, not later than one year after the date of the enactment of this Act [Dec. 18, 2025], submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes a justification for such election.”

Inclusion of Questions Regarding Military Housing for Members of the Armed Forces in Status of Forces Survey

Pub. L. 118–31, div. B, title XXVIII, § 2824, Dec. 22, 2023, 137 Stat. 752, provided that: “The Secretary of Defense shall include, at a minimum, in each status of forces survey of the Department of Defense conducted on or after the date of the enactment of this Act [Dec. 22, 2023] questions specifically relating to the following: “(1) Overall satisfaction with current military housing of members of the Armed Forces. “(2) Satisfaction of such members with the physical condition of such military housing. “(3) Satisfaction of such members with the affordability of such military housing. “(4) Whether such military housing of such members has impacted any decision of such a member related to reenlistment in the Armed Forces.”

Pilot Program for Military Construction Projects To Replace Certain Covered Military Unaccompanied Housing Facilities

Pub. L. 118–31, div. B, title XXVIII, § 2835, Dec. 22, 2023, 137 Stat. 758, provided that: “(a) In General.—Each Secretary of a military department may carry out a pilot program under which each such Secretary administers a military construction project, not otherwise authorized by law, to replace a covered military unaccompanied housing facility—“(1) that such Secretary determines is not in compliance with the uniform standards for covered military unaccompanied housing under section 2856b of title 10, United States Code (as added by section 2832); and “(2) for which the total cost of a repair project to bring such covered military unaccompanied facility into compliance with such uniform standards exceeds 75 percent of the total cost of such a military construction project. “(b) Facility Requirements.—A facility constructed pursuant to a military construction project under a pilot program under subsection (a)—“(1) with respect to the covered military unaccompanied housing facility such facility replaces—“(A) may not have a capacity to house more members of the Armed Forces; “(B) shall be designed and utilized for the same purpose; and “(C) shall be located on the same military installation; and “(2) shall be designed to meet, at a minimum, standards for construction, utilization, and force protection. “(c) Nondelegation.—For the purposes of carrying out a military construction project under a pilot program under subsection (a), the authority of a Secretary of a military department to determine whether a covered military unaccompanied housing facility is in substandard condition may not be delegated. “(d) Source of Funds.—A Secretary of a military department may spend amounts available to such Secretary for operation and maintenance or unspecified military construction to carry out this section. “(e) Congressional Notification.—With respect to a military construction project proposed to be carried out under a pilot program under subsection (a) with an estimated cost in excess of $10,000,000, the Secretary of the military department concerned shall submit to the appropriate committees of Congress a report that includes—“(1) a justification for such military construction project; “(2) an estimate of the total cost of such military construction project; and “(3) a description of the elements of military construction, including the elements specified in section 2802(b) of title 10, United States Code, incorporated into such military construction project. “(f) Sunset.—The authority to carry out a pilot program pursuant to subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 22, 2023]. “(g) Definitions.—In this section:“(1) The term ‘appropriate committees of Congress’ has the meaning given such term in section 2801 of title 10, United States Code. “(2) The term ‘covered military unaccompanied housing’ has the meaning given such term in section 2856 of such title (as amended by section 2831).”

Pilot Program To Provide Air Purification Technology in Covered Military Housing