§2836 — Title 10 Armed Forces | U.S. Code

Summary

Lets the Secretary of a military department, or the Secretary of Homeland Security for the Coast Guard, make deals that guarantee occupancy of rental housing built or fixed up by private developers or housing authorities on private, state, or federal land when that housing is on or near a new or existing military base that does not have enough homes for eligible service members (with or without dependents). The program must follow uniform rules set by the Secretary of Defense and only applies to projects that are legally authorized. Such agreements have limits and rules. They may not guarantee more than 97 percent of the units. Initial rent must not be higher than similar local units and can include increases later. Housing must meet Department of Defense or Department of Homeland Security building standards (or local codes when allowed). Terms may not exceed 25 years, and renewal is allowed only on government land and for no longer than the original term. The guarantee cannot exceed the shelter rent based on amortized construction costs. Agreements may be used only when there is a housing shortage and when military-controlled housing in the commuting area has been over 97 percent occupied for at least 18 consecutive months (with some exceptions). Military families get priority. The Secretary may void the deal if the owner fails to maintain the housing. Agreements can cover support buildings and certain federal services, must state that payments depend on yearly appropriations for that project, must be awarded by public competitive procedures, and may require dispute resolution under specified federal rules.

Title 10, §2836

Armed Forces — Source: USLM XML via OLRC

(a)Subject to subsection (b), the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may enter into an agreement to assure the occupancy of rental housing to be constructed or rehabilitated to residential use by a private developer or by a State or local housing authority on private land, on land owned by a State or local government, or on land owned by the United States, if the housing is to be located on or near a new military installation or an existing military installation that has a shortage of housing to meet the requirements of eligible members of the armed forces (with or without accompanying dependents). The authority provided under this subsection shall be exercised under uniform regulations prescribed by the Secretary of Defense.

(b)The Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard, may enter into agreements pursuant to subsection (a) for such military housing rental guaranty projects as are authorized by law.

(c)An agreement under subsection (a)—

(1)may not assure the occupancy of more than 97 percent of the units constructed under the agreement;

(2)shall establish initial rental rates that are not more than rates for comparable rental dwelling units in the same general market area and may include an escalation clause;

(3)may apply to existing housing;

(4)shall require that the housing units be constructed—

(A)in the case of a Department of Defense agreement, to Department of Defense specifications or, at the discretion of the Secretary of the military department concerned, in compliance with the local building codes; and

(B)in the case of an agreement for the Coast Guard when it is not operating as a service in the Navy, to Department of Homeland Security specifications;

(5)may not be for a term in excess of 25 years;

(6)may not be renewed unless the project is located on government owned land, in which case the renewal period may not exceed the original contract term;

(7)may not assure more than an amount equivalent to the shelter rent of the housing units, determined on the basis of amortizing initial construction costs;

(8)may only be entered into to the extent that there is a shortage in military family housing;

(9)may only be entered into if existing military-controlled housing at all installations in the commuting area (except for a new installation or an installation for which there is projected a significant increase in the number of families due to an increase in the number of authorized personnel) has exceeded 97 percent use for a period of not less than 18 consecutive months immediately preceding the date on which the agreement is entered into, excluding units temporarily inactivated for major repair or improvements;

(10)shall provide for priority of occupancy for military families;

(11)shall include a provision authorizing the Secretary of the military department concerned, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, to take such action as the Secretary considers appropriate to protect the interests of the United States, including rendering the agreement null and void if, in the opinion of the Secretary, the owner of the housing fails to maintain a satisfactory level of operation and maintenance;

(12)may provide in the agreement for the rental of a child care center, civic center building, and similar type buildings constructed for the support of family housing;

(13)may provide that utilities, trash collection, snow removal, and entomological services will be furnished by the Federal Government at no cost to the occupant to the same extent that these items are provided to occupants of housing owned by the Federal Government; and

(14)may require that rent collection and operation and maintenance services in connection with the housing be under the terms of a separate agreement or be carried out by personnel of the Federal Government.

(d)An agreement entered into for a project pursuant to subsection (a) shall include the following provisions:

(1)A statement that the obligation of the United States to make payments under the agreement in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.

(2)A commitment to obligate the necessary amount for each fiscal year covered by the agreement when and to the extent that funds are appropriated for such project for such fiscal year.

(3)A statement that such a commitment entered into under the authority of this section does not constitute an obligation of the United States.

(e)An agreement under subsection (a) shall be made through the use of publicly advertised, competitively bid, or competitively negotiated, contracting procedures as provided in chapter 137 11 See References in Text note below. of this title. In accordance with such procedures, the Secretary of a military department, or the Secretary of Homeland Security, as the case may be, shall solicit bids or proposals for a guaranty agreement for each military housing rental guaranty project authorized in accordance with subsection (b).

(f)The Secretary concerned may require that disputes arising under an agreement entered into under subsection (a) be decided in accordance with the procedures provided for by chapter 71 of title 41.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Chapter 137 of this title, referred to in subsec. (e), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganization of acquisition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of “chapter 137 legacy provisions”, see section 3016 of this title.

Prior Provisions

Similar provisions were contained in Pub. L. 98–115, title VIII, § 802, Oct. 11, 1983, 97 Stat. 783, as amended, which was set out as a note under section 2821 of this title, prior to repeal by Pub. L. 102–190, § 2809(b).

Amendments

2013—Subsecs. (a), (c)(4)(B), (11). Pub. L. 112–239 inserted “when it is not operating as a service in the Navy” after “Coast Guard”. 2011—Subsec. (b). Pub. L. 112–81, § 1061(25)(A), struck out par. (1) designation before “The Secretary of a military department” and struck out par. (2) which read as follows: “The budget material submitted to Congress by the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, in connection with the budget submitted pursuant to section 1105 of title 31 for each fiscal year shall include materials that identify the military housing rental guaranty projects for which agreements are proposed to be entered into under subsection (a) in that fiscal year.” Subsec. (f). Pub. L. 112–81, § 1061(25)(B), (C), redesignated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “An agreement may not be entered into under subsection (a) until— “(1) the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard, submits to the appropriate committees of Congress, in writing, an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed agreement is cost effective when compared with alternative means of furnishing the same housing facilities; and “(2) a period of 21 days has expired following the date on which the economic analysis is received by those committees or, if over sooner, a period of 14 days has expired following the date on which a copy of the economic analysis is provided in an electronic medium pursuant to section 480 of this title.” Subsec. (g). Pub. L. 112–81, § 1061(25)(C), redesignated subsec. (g) as (f). Pub. L. 111–350 substituted “chapter 71 of title 41” for “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)”. 2003—Subsec. (f)(2). Pub. L. 108–136 substituted “21 days” for “21 calendar days” and inserted before period at end “or, if over sooner, a period of 14 days has expired following the date on which a copy of the economic analysis is provided in an electronic medium pursuant to section 480 of this title”. 2002—Subsecs. (a), (b), (c)(4)(B), (11), (e), (f)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date

Pub. L. 102–190, div. B, title XXVII, § 2809(c), Dec. 5. 1991, 105 Stat. 1543, provided that: “Section 2836 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts entered into under that section on or after the date of the enactment of this Act [Dec. 5, 1991]. The amendment made by subsection (b) [repealing provisions set out as a note under section 2821 of this title] shall not affect the validity of any contract entered into before that date under section 802 of the Military

Construction

Authorization Act, 1984 (10 U.S.C. 2821 note), as in effect on the day before that date.”

§2836 Military housing rental guarantee program

Summary

Title 10, §2836

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Construction

Citations & Metadata