10 U.S.C. § 2835a: Use of military family…

Summary

The Secretary can place service members without dependents into family housing that was built and leased under section 2835 when that housing is not needed for families. Those members pay no rent and the assignment counts as official quarters under section 403(e) of title 37. If the housing is more than the long‑term family housing needs, the Secretary may change the lease to a long‑term one for unaccompanied housing. The new lease cannot run longer than the time left on the original lease. The Secretary must wait 14 days after sending an electronic notice under section 480 to the right congressional committees before making the change. The same rules apply to housing from the old Build to Lease program (former section 2828(g)).

Title 10, §2835a

Armed Forces, Source: USLM XML via OLRC

(a)Individual Assignment of Members Without Dependents.—

(1)To the extent that the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is not needed to house members of the armed forces eligible for assignment to military family housing, the Secretary may assign, without rental charge, members without dependents to the housing.

(2)A member without dependents who is assigned to housing pursuant to paragraph (1) shall be considered to be assigned to quarters pursuant to section 403(e) of title 37.

(b)Conversion to Long-Term Leasing of Military Unaccompanied Housing.—

(1)If the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is excess to the long-term needs of the family housing program of the Secretary, the Secretary may convert the lease contract entered into under subsection (a) of such section into a long-term lease of military unaccompanied housing.

(2)The term of the lease contract for military unaccompanied housing converted from military family housing under paragraph (1) may not exceed the remaining term of the lease contract for the family housing so converted.

(c)Notice and Wait Requirements.—

The Secretary concerned may not convert military family housing to military unaccompanied housing under subsection (b) until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice of the intent to undertake the conversion.

(d)Application to Housing Leased Under Former Authority.—

This section also shall apply to housing initially acquired or constructed under the former section 2828(g) of this title (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98–115; 97 Stat 782).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2828(g) of this title (commonly known as the “Build to Lease program”), as added by section 801 of the Military

Construction

Authorization Act, 1984, referred to in subsec. (d), means the subsection (g) added to section 2828 of this title by section 801 of Pub. L. 98–115, which was repealed by Pub. L. 102–190, div. B, title XXVIII, § 2806(b), Dec. 5, 1991, 105 Stat. 1540.

Amendments

2019—Subsec. (c). Pub. L. 116–92 struck out par. (1) designation before “The Secretary”. 2017—Subsec. (c). Pub. L. 115–91 substituted “until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice of the intent to undertake the conversion.” for “until—” and struck out subpars. (A) and (B) which required a notice of intent and a wait period and par. (2) which read as follows: “The notice required by paragraph (1) shall include— “(A) an explanation of the reasons for the conversion of the military family housing to military unaccompanied housing; “(B) a description of the long-term lease to be converted; “(C) amounts to be paid under the lease; and “(D) the expiration date of the lease.”

§2835a Use of Military Family Housing Constructed Under Build and Lease Authority to House Other Members