10 U.S.C. § 2880 — Unit size and type

Page 2302 TITLE 10—ARMED FORCES [§ 2879 other suitable housing units made available by the purchaser or lessee. (e) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT LAWS.—The conveyance or lease of property or facilities under this section shall not be subject to the following provisions of law: (1) Section 2667 of this title. (2) Subtitle I of title 40 and division C (ex- cept sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (3) Section 1302 of title 40. (4) Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411). (f) NOTICE OF LEASE EXTENSIONS.—(1) The Sec- retary concerned shall provide to the congres- sional defense committees notice in writing and a briefing— (A) not later than 60 days after beginning ne- gotiations with a lessor for the extension of the term of any ground lease of property or fa- cilities under this section; and (B) not later than 90 days before extending the term of any ground lease of property or fa- cilities under this section. (2) A notice and briefing required under para- graph (1) shall include each of the following: (A) A description of any material differences between the extended ground lease and the original ground lease, including with respect to— (i) the length of the term of the lease, as extended; and (ii) any new provisions that materially af- fect the rights and responsibilities of the ground lessor or the ground lessee under the original ground lease. (B) The number of housing units or facilities subject to the ground lease that, during the lease extension, are to be— (i) constructed; (ii) demolished; or (iii) renovated. (C) The source of any additional financing the lessor has obtained, or intends to obtain, during the term of the ground lease extension that will be used for the development of the property or facilities subject to the ground lease. (D) The following information, displayed an- nually, for the five-year period preceding the date of the notice and briefing: (i) The debt-to-net operating income ratio for the property or facility subject to the ground lease. (ii) The occupancy rates for the housing units subject to the ground lease. (iii) A report on maintenance response times and completion of maintenance re- quests for the housing units subject to the ground lease. (iv) The occupancy rates and debt-to-net operating income ratios of any other mili- tary privatized housing initiative projects managed by a company that controls, or that is under common control with, the ground lessee entering into the lease exten- sion. (E) An assessment of compliance by the les- sor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of this title. (Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 547; amended Pub. L. 105–85, div. A, title X, § 1073(a)(60), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106–65, div. B, title XXVIII, § 2803(g), Oct. 5, 1999, 113 Stat. 849; Pub. L. 107–107, div. A, title X, § 1048(d)(1), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 107–217, § 3(b)(23), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 110–417, div. B, title XXVIII, § 2805(d), Oct. 14, 2008, 122 Stat. 4723; Pub. L. 111–350, § 5(b)(50), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 117–263, div. B, title XXVIII, § 2822, Dec. 23, 2022, 136 Stat. 3000; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(24), div. B, title XXVIII, § 2822(a), Dec. 22, 2023, 137 Stat. 684, 751.) Editorial Notes AMENDMENTS 2023—Subsec. (f)(2)(D)(iii). Pub. L. 118–31, § 1801(a)(24), substituted ‘‘A report’’ for ‘‘An report’’. Subsec. (f)(2)(E). Pub. L. 118–31, § 2822(a), added sub- par. (E). 2022—Subsec. (f). Pub. L. 117–263 added subsec. (f). 2011—Subsec. (e)(2). Pub. L. 111–350, which directed substitution of ‘‘division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Federal Property and Administra- tive Services Act of 1949 (41 U.S.C. 251 et seq.)’’ in sub- sec. (d)(2), was executed by making the substitution in subsec. (e)(2) to reflect the probable intent of Congress and the amendment by Pub. L. 110–417. See 2008 Amend- ment note below. 2008—Subsecs. (c) to (e). Pub. L. 110–417 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 2002—Subsec. (d)(2). Pub. L. 107–217, § 3(b)(23)(A), sub- stituted ‘‘Subtitle I of title 40 and title III of the’’ for ‘‘The’’ and ‘‘(41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. Subsec. (d)(3). Pub. L. 107–217, § 3(b)(23)(B), substituted ‘‘Section 1302 of title 40’’ for ‘‘Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (40 U.S.C. 303b)’’. 2001—Subsec. (d)(4). Pub. L. 107–107 substituted ‘‘McKinney-Vento Homeless Assistance Act’’ for ‘‘Stewart B. McKinney Homeless Assistance Act’’. 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘eligible entities’’ for ‘‘private persons’’. 1997—Subsec. (d)(4). Pub. L. 105–85 substituted ‘‘11411’’ for ‘‘11401’’. [§ 2879. Renumbered § 2857] Editorial Notes PRIOR PROVISIONS A prior section 2879, added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 547, re- lated to interim leases of completed units pending com- pletion of a project to acquire or construct military family housing units or military unaccompanied hous- ing units, prior to repeal by Pub. L. 107–314, div. B, title XXVIII, § 2802(c)(1), Dec. 2, 2002, 116 Stat. 2703. § 2880. Unit size and type (a) CONFORMITY WITH SIMILAR HOUSING UNITS IN LOCALE.—The Secretary concerned shall en- sure that the room patterns and floor areas of military family housing units and military un- accompanied housing units acquired or con- structed under this subchapter are generally comparable to the room patterns and floor areas of similar housing units in the locality con- cerned. Page 2303 TITLE 10—ARMED FORCES § 2881a (b) INAPPLICABILITY OF LIMITATIONS ON SPACE BY PAY GRADE.—Sections 2826 and 2856 of this title shall not apply to military family housing or military unaccompanied housing units ac- quired or constructed under this subchapter. (Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 108–136, div. B, title XXVIII, § 2806, Nov. 24, 2003, 117 Stat. 1722; Pub. L. 109–364, div. B, title XXVIII, § 2807(b), Oct. 17, 2006, 120 Stat. 2469.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–364 substituted ‘‘Sec- tions 2826 and 2856’’ for ‘‘(1) Section 2826’’, inserted ‘‘or military unaccompanied housing’’ after ‘‘military fam- ily housing’’, and struck out par. (2) which read as fol- lows: ‘‘The regulations prescribed under section 2856 of this title shall not apply to any military unaccom- panied housing unit acquired or constructed under this subchapter.’’ 2003—Subsec. (b)(2). Pub. L. 108–136 struck out ‘‘unless the unit is located on a military installation’’ before period at end. § 2881. Ancillary supporting facilities (a) AUTHORITY TO ACQUIRE OR CONSTRUCT.— Any project for the acquisition or construction of military family housing units or military un- accompanied housing units under this sub- chapter may include the acquisition or con- struction of ancillary supporting facilities for the housing units concerned. (b) RESTRICTION.—A project referred to in sub- section (a) may not include the acquisition or construction of an ancillary supporting facility (other than a child development center) if, as de- termined by the Secretary concerned, the facil- ity is to be used for providing merchandise or services in direct competition with— (1) the Army and Air Force Exchange Serv- ice; (2) the Navy Exchange Service Command; (3) a Marine Corps exchange; (4) the Defense Commissary Agency; or (5) any nonappropriated fund activity of the Department of Defense for the morale, wel- fare, and recreation of members of the armed forces. (Added Pub. L. 104–106, div. B, title XXVIII, § 2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 106–65, div. B, title XXVIII, § 2804, Oct. 5, 1999, 113 Stat. 849; Pub. L. 109–163, div. B, title XXVIII, § 2805(a), Jan. 6, 2006, 119 Stat. 3507.) Editorial Notes AMENDMENTS 2006—Subsec. (b). Pub. L. 109–163 inserted ‘‘(other than a child development center)’’ after ‘‘ancillary sup- porting facility’’ in introductory provisions. 1999—Pub. L. 106–65 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2006 AMENDMENT Pub. L. 109–163, div. B, title XXVIII, § 2805(c), Jan. 6, 2006, 119 Stat. 3507, provided that: ‘‘Nothing in the amendment made by subsection (a) [amending this sec- tion] may be construed to alter any law and regulation applicable to the operation of a child development cen- ter, as defined in section 2871(2) of title 10, United States Code.’’ § 2881a. Pilot projects for acquisition or con- struction of military unaccompanied housing (a) PILOT PROJECTS AUTHORIZED.—The Sec- retary of the Navy may carry out not more than three pilot projects under the authority of this section or another provision of this subchapter to use the private sector for the acquisition or construction of military unaccompanied housing in the United States, including any territory or possession of the United States. (b) TREATMENT OF HOUSING; ASSIGNMENT OF MEMBERS.—The Secretary of the Navy may as- sign members of the armed forces without de- pendents to housing units acquired or con- structed under the pilot projects, and such hous- ing units shall be considered as quarters of the United States or a housing facility under the ju- risdiction of the Secretary for purposes of sec- tion 403 of title 37. (c) BASIC ALLOWANCE FOR HOUSING.—(1) The Secretary of Defense may prescribe and, under section 403(o) of title 37, pay for members of the armed forces without dependents in privatized housing acquired or constructed under the pilot projects higher rates of partial basic allowance for housing than the rates authorized under paragraph (2) of such section. (2) The partial basic allowance for housing paid for a member at a higher rate under this subsection may be paid directly to the private sector source of the housing to whom the mem- ber is obligated to pay rent or other charge for residing in such housing if the private sector source credits the amount so paid against the amount owed by the member for the rent or other charge. (d) FUNDING.—(1) The Secretary of the Navy shall use the Department of Defense Military Unaccompanied Housing Improvement Fund to carry out activities under the pilot projects. (2) Subject to 30 days prior notification to the appropriate committees of Congress in an elec- tronic medium pursuant to section 480 of this title, such additional amounts as the Secretary of Defense considers necessary may be trans- ferred to the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in military construction accounts. The amounts so trans- ferred shall be merged with and be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund. [(e) Repealed. Pub. L. 115–91, div. A, title X, § 1051(a)(25), Dec. 12, 2017, 131 Stat. 1562.] (f) EXPIRATION.—The authority of the Sec- retary of the Navy to enter into a contract under the pilot programs shall expire September 30, 2009. (Added Pub. L. 107–314, div. B, title XXVIII, § 2803(a)(1), Dec. 2, 2002, 116 Stat. 2703; amended Pub. L. 109–163, div. A, title X, § 1056(c)(10), Jan. 6, 2006, 119 Stat. 3440; Pub. L. 109–364, div. B, title XXVIII, § 2812, Oct. 17, 2006, 120 Stat. 2473; Pub. L. 111–383, div. B, title XXVIII, § 2803(f), Jan. 7,