§2556 — Title 10 Armed Forces | U.S. Code

Summary

The head of a military department can open military bases to give shelter to people who do not have adequate housing. The military can also provide related help — such as utilities, bedding, security, transportation, renovation or small repairs to make space usable, and liability insurance — and can do this without charging for it. The military must work with state and local governments and charities and, when possible, use their staff to decide who gets shelter. The head may also give bedding to non‑military shelters for free if it does not conflict with military needs. All shelter and help can only be provided so long as it does not interfere with military readiness or ongoing military duties. The Secretary of Defense must write rules on how the program is run.

Title 10, §2556

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of a military department may make military installations under his jurisdiction available for the furnishing of shelter to persons without adequate shelter. The Secretary may, incidental to the furnishing of such shelter, provide services as described in subsection (b). Shelter and incidental services provided under this section may be provided without reimbursement.

(2)The Secretary concerned shall carry out this section in cooperation with appropriate State and local governmental entities and charitable organizations. The Secretary shall, to the maximum extent practicable, use the services and personnel of such entities and organizations in determining to whom and the circumstances under which shelter is furnished under this section.

(b)Services that may be provided incident to the furnishing of shelter under this section are the following:

(1)Utilities.

(2)Bedding.

(3)Security.

(4)Transportation.

(5)Renovation of facilities.

(6)Minor repairs undertaken specifically to make suitable space available for shelter to be provided under this section.

(7)Property liability insurance.

(c)Shelter and incidental services may only be provided under this section to the extent that the Secretary concerned determines will not interfere with military preparedness or ongoing military functions.

(d)The Secretary concerned may provide bedding for support of shelters for the homeless that are operated by entities other than the Department of Defense. Bedding may be provided under this subsection without reimbursement, but may only be provided to the extent that the Secretary determines that the provision of such bedding will not interfere with military requirements.

(e)The Secretary of Defense shall prescribe regulations for the administration of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Pub. L. 106–398 renumbered section 2546 of this title as this section. 1985—Subsecs. (d), (e). Pub. L. 99–167 added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–94, title III, § 305(b), Sept. 24, 1983, 97 Stat. 629, provided that: “section 2546 [now 2556] of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1983.” Prior Certification Required for Use of Department of Defense Facilities by Other Federal Agencies for Temporary Housing Support Pub. L. 114–328, div. B, title XXVIII, § 2815, Dec. 23, 2016, 130 Stat. 2718, as amended by Pub. L. 118–31, div. B, title XXVIII, § 2840, Dec. 22, 2023, 137 Stat. 761, provided that: “The Secretary of Defense shall not sign a memorandum of agreement with another Federal agency to provide the agency with a vacant facility for purposes of temporary housing support unless the Secretary first submits to the Committees on Armed Services of the House of Representatives and Senate a certification that the provision of the facility to the agency for such purpose will not negatively affect military training, operations, readiness, or other military requirements, including National Guard and Reserve readiness. Upon granting such certification, the Secretary of Defense shall notify each Member of Congress representing the area in which such facility is located of such grant of certification.”

§2556 Shelter for homeless; incidental services