10 U.S.C. § 2821: Requirement for authorization of appropriations for construction and acquisition of military family housing

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. 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. 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. minor construction; improvements to existing military family housing units and facilities; relocation of military family housing units under section 2827 of this title ; and architectural and engineering services and construction design. 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. 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. 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regions with elevated climate-related risk factors for mold growth, such as persistent humidity, frequent rainfall, or outdated HVAC infrastructure. install moisture detection systems with advanced capabilities, including sensor-based humidity or spore monitoring technologies capable of generating early warnings for environmental risk conditions; implement noninvasive or technology-enabled mold remediation tools, such as antimicrobial coatings, dry fogging systems, or UV-based sterilization units; define infrastructure requirements, including upgrades to building materials or HVAC systems, necessary to support sustained mold prevention using the selected moisture detection systems; train relevant personnel on the deployment, maintenance, and data interpretation of selected moisture detection systems; designate an individual at each military installation selected under subsection (b) to oversee the implementation of the pilot program; and develop a strategic implementation and evaluation plan to assess performance of the selected moisture detection systems and inform future decisions relating to such systems. 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. 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. 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; the number of days such individuals were displaced; and the result of the displacement. 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 ]. 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.” 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. an evaluation of HVAC systems, plumbing, electrical systems, and structural integrity of the privatized military housing and Government-owned military housing units; and an inspection for signs of water intrusion, visible and nonvisible mold, microbial contamination, and other indoor air quality concerns. contracting procedures for qualified home inspectors; inspection methodologies; protocols for reporting, remediation, and follow-up actions; and integration with existing oversight and compliance frameworks for privatized military housing and Government-owned military housing. findings and deficiencies identified; remediation timelines and actions taken; and recommendations for improving housing conditions and oversight. 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). possesses housing inspection credentials required by the State in which the inspection is performed; and the Federal Government; or any entity that owns or manages privatized military housing or Government-owned military housing.” 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). 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; in conducting the analysis under subparagraph (A), consider the unique characteristics of a location, such as vacation rental areas; and regularly update the list required under subparagraph (A) not less frequently than once every two years. 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. 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 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). the military departments conduct such process in a timely manner; and the Secretary submits to Congress any plans or other matters relating to such process for each fiscal year as required by existing law. 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. 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.” Overall satisfaction with current military housing of members of the Armed Forces. Satisfaction of such members with the physical condition of such military housing. Satisfaction of such members with the affordability of such military housing. Whether such military housing of such members has impacted any decision of such a member related to reenlistment in the Armed Forces.” 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 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. may not have a capacity to house more members of the Armed Forces; shall be designed and utilized for the same purpose; and shall be located on the same military installation; and shall be designed to meet, at a minimum, standards for construction, utilization, and force protection. 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. 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. a justification for such military construction project; an estimate of the total cost of such military construction project; and 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. 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 ]. The term ‘appropriate committees of Congress’ has the meaning given such term in section 2801 of title 10 , United States Code. The term ‘covered military unaccompanied housing’ has the meaning given such term in section 2856 of such title (as amended by section 2831).” provide commercially available off-the-shelf items (as defined in section 104 of title 41 , United States Code) for air purification and covered sensors to landlords; and monitor and measure the effect of such items on the environmental health and public health of tenants of covered military housing. The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall each select one military installation under the jurisdiction of such Secretary to carry out any pilot program carried out under this section. Each Secretary shall ensure that the military installation selected under this section contains military unaccompanied housing in which the items described in subsection (a) may be used. An air purification item or a covered sensor provided under this section shall use technology proven to reduce indoor air risks and yield measurable environmental health and public health outcomes. extending the durability and habitability of covered military housing; and reducing maintenance frequency; and with respect to cost savings identified in paragraph (1), a plan to expand the use of covered sensors and air purification items in newly constructed covered military housing. The term ‘covered sensor’ means a commercially available off-the-shelf item (as defined in section 104 of title 41 , United States Code) manufactured in the United States that detects the conditions for potential mold growth before mold is present. military unaccompanied housing; and Government-owned units of military housing. The term ‘military unaccompanied housing’ has the meaning given in section 2871 of title 10 , United States Code.” Not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Secretary of Defense shall develop an assessment tool, such as a rating system or similar mechanism, to identify and measure health and safety hazards in housing under the jurisdiction of the Department of Defense (including privatized military housing). Physiological hazards, including dampness and mold growth, lead-based paint, asbestos and manmade fibers, radiation, biocides, carbon monoxide, and volatile organic compounds. Psychological hazards, including ease of access by unlawful intruders, and lighting issues. Infection hazards. Safety hazards. In developing the assessment tool, the Secretary of Defense shall provide for multiple public forums at which the Secretary may receive input with respect to such assessment tool from occupants of housing under the jurisdiction of the Department of Defense (including privatized military housing). Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment tool. Not later than one year after the date of the enactment of this Act, the Secretary of Defense, using the assessment tool developed under subsection (a)(1), shall complete a hazard assessment for each housing facility under the jurisdiction of the Department of Defense (including privatized military housing). As soon as practicable after the completion of the hazard assessment conducted for a housing facility under paragraph (1), the Secretary of Defense shall provide to each individual who leases or is assigned to a housing unit in the facility a summary of the results of the assessment.” Not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2019 ], the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a process to identify, record, and resolve environmental health hazards in housing under the jurisdiction of the Department of Defense (including privatized housing) in a timely manner. Categorization of the hazard. Identification of health risks posed by the hazard. Identification of the number of housing occupants potentially affected by the hazard. Recording and maintenance of information regarding the hazard. the performance by the Secretary of Defense (or in the case of privatized housing, the landlord) of hazard remediation activities at the affected facility; and follow-up by the Secretary of Defense to collect information on medical care related to the hazard sought or received by individuals affected by the hazard. The Secretary of Defense shall ensure coordination between military treatment facilities, appropriate public health officials, and housing managers at military installations with respect to the development and implementation of the process required by subsection (a). Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the process required by subsection (a).” Not later than March 1, 2020 , the Secretary of Defense shall require that each installation of the Department of Defense use the same satisfaction survey for tenants of military housing, including privatized military housing. The satisfaction survey required by subsection (a) shall be an electronic survey with embedded privacy and security mechanisms. may include a code unique to the tenant to be surveyed that is sent to the cell phone number of the tenant and required to be entered to access the survey; and in the case of privatized military housing, shall ensure the survey is not shared with the landlord providing the privatized military housing until the survey is reviewed and the results are tallied by Department of Defense personnel.” The Secretary of the Army shall carry out a pilot program to build and monitor the use of not fewer than five single family homes for members of the Army and their families. The Secretary of the Army shall carry out the pilot program at no less than two installations of the Army located in different climate regions of the United States as determined by the Secretary. In building homes under the pilot program, the Secretary of the Army shall use the All-American Abode design from the suburban single-family division design by the United States Military Academy.” The Secretary of Defense shall allow a resident of a military family housing unit to anchor any furniture, television, or large appliance to the wall of the unit for purposes of preventing such item from tipping over without incurring a penalty or obligation to repair the wall upon vacating the unit. Not later than one year after the date of the enactment of this Act [ Dec. 20, 2019 ], the Secretary of Defense shall ensure that all freestanding chests, door chests, armoires, dressers, entertainment centers, bookcases taller than 27 inches, televisions, and large appliances provided by the Department of Defense are securely anchored in each furnished military family housing unit under the jurisdiction of the Department as of the date of the enactment of this Act. The Secretary of Defense shall ensure that all freestanding chests, door chests, armoires, dressers, entertainment centers, bookcases taller than 27 inches, televisions, and large appliances provided by the Department of Defense are securely anchored in each furnished military family housing unit made available after the date of the enactment of this Act.” military housing units owned by the Department of Defense in which children under the age of 9 may reside; and military housing units leased by the Department of Defense in which children under the age of 9 may reside if the lease for such units requires the Department to provide window coverings. All contracts entered into by the Secretary of Defense after September 30, 2017 , for the acquisition or construction of military family housing, including military family housing acquired or constructed pursuant to subchapter IV of chapter 169 of title 10, United States Code, shall prohibit the use of disqualified window coverings in such housing. a window covering with an accessible cord that exceeds 8 inches in length; or a window covering with an accessible continuous loop cord that does not have a cord tension device that prevents operation when the cord is not anchored to the wall.” 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 subchapter IV of chapter 169 of title 10, United States Code. 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. The term ‘privatized military housing’ means military housing that is not Government-owned or Government-controlled that is provided under subchapter IV of chapter 169 of title 10, United States Code. 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 subchapters IV and V of chapter 169 of title 10, United States Code, in the event of the assignment or deployment of a member.”