10 U.S.C. § 2836 — Military housing rental guarantee pro-

Page 2263 TITLE 10—ARMED FORCES § 2836 Editorial Notes REFERENCES IN TEXT Chapter 137 of this title, referred to in subsec. (c), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in con- junction with the transfer and reorganization of acqui- sition 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 Provisions similar to those in this section were con- tained in subsec. (g) of section 2828 of this title, prior to repeal by Pub. L. 102–190, § 2806(b)(1). AMENDMENTS 2017—Subsec. (g). Pub. L. 115–91 added subsec. (g) and struck out former subsec. (g) which set out written no- tice and wait requirements. 2013—Subsec. (a), (g)(1). Pub. L. 112–239 inserted ‘‘when it is not operating as a service in the Navy’’ after ‘‘Coast Guard’’. 2011—Subsec. (g)(2). Pub. L. 111–383 struck out ‘‘cal- endar’’ after ‘‘21’’ and inserted before period at end ‘‘or, if earlier, a period of 14 days has elapsed from the date on which a copy of the analysis is provided in an elec- tronic medium pursuant to section 480 of this title’’. 2002—Subsecs. (a) to (c), (d)(4)(B), (g)(1). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment 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 Section applicable with respect to contracts entered into under this section on or after Dec. 5, 1991, see sec- tion 2806(c) of Pub. L. 102–190, set out as an Effective Date of 1991 Amendment note under section 2828 of this title. § 2835a. Use of military family housing con- structed under build and lease authority to house other members (a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITH- OUT 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 assign- ment to military family housing, the Secretary may assign, without rental charge, members without dependents to the housing. (2) A member without dependents who is as- signed 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 ex- ceed the remaining term of the lease contract for the family housing so converted. (c) NOTICE AND WAIT REQUIREMENTS.—The Sec- retary concerned may not convert military fam- ily 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 pur- suant to section 480 of this title, to the appro- priate committees of Congress a notice of the in- tent to undertake the conversion. (d) APPLICATION TO HOUSING LEASED UNDER FORMER AUTHORITY.—This section also shall apply to housing initially acquired or con- structed under the former section 2828(g) of this title (commonly known as the ‘‘Build to Lease program’’), as added by section 801 of the Mili- tary Construction Authorization Act, 1984 (Pub- lic Law 98–115; 97 Stat 782). (Added Pub. L. 110–417, div. B, title XXVIII, § 2803(a), Oct. 14, 2008, 122 Stat. 4719; amended Pub. L. 115–91, div. B, title XXVIII, § 2801(b)(6), Dec. 12, 2017, 131 Stat. 1843; Pub. L. 116–92, div. A, title XVII, § 1731(a)(56), Dec. 20, 2019, 133 Stat. 1815.) 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, re- ferred 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 me- dium pursuant to section 480 of this title, to the appro- priate 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 in- tent and a wait period and par. (2) which read as fol- lows: ‘‘The notice required by paragraph (1) shall in- clude— ‘‘(A) an explanation of the reasons for the conver- sion of the military family housing to military unac- companied housing; ‘‘(B) a description of the long-term lease to be con- verted; ‘‘(C) amounts to be paid under the lease; and ‘‘(D) the expiration date of the lease.’’ § 2836. Military housing rental guarantee pro- gram (a) AUTHORITY.—Subject to subsection (b), the Secretary of a military department, or the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a serv- ice 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 instal- Page 2264 TITLE 10—ARMED FORCES § 2836 1 See References in Text note below. lation or an existing military installation that has a shortage of housing to meet the require- ments 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) SUBMISSION AND AUTHORIZATION OF PRO- POSED AGREEMENTS.—The Secretary of a mili- tary 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) CONTENT OF AGREEMENT.—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 speci- fications or, at the discretion of the Sec- retary of the military department con- cerned, in compliance with the local build- ing 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 Home- land 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 mili- tary-controlled housing at all installations in the commuting area (except for a new installa- tion or an installation for which there is pro- jected 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, exclud- ing 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 con- cerned, 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 appro- priate to protect the interests of the United States, including rendering the agreement null and void if, in the opinion of the Sec- retary, the owner of the housing fails to main- tain 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 con- structed for the support of family housing; (13) may provide that utilities, trash collec- tion, snow removal, and entomological serv- ices will be furnished by the Federal Govern- ment at no cost to the occupant to the same extent that these items are provided to occu- pants of housing owned by the Federal Govern- ment; and (14) may require that rent collection and op- eration and maintenance services in connec- tion with the housing be under the terms of a separate agreement or be carried out by per- sonnel of the Federal Government. (d) CONDITIONS ON OBLIGATION OF FUNDS.—An agreement entered into for a project pursuant to subsection (a) shall include the following provi- sions: (1) A statement that the obligation of the United States to make payments under the agreement in any fiscal year is subject to ap- propriations 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 fis- cal year. (3) A statement that such a commitment en- tered into under the authority of this section does not constitute an obligation of the United States. (e) COMPETITIVE PROCESS.—An agreement under subsection (a) shall be made through the use of publicly advertised, competitively bid, or competitively negotiated, contracting proce- dures as provided in chapter 137 1 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 so- licit bids or proposals for a guaranty agreement for each military housing rental guaranty project authorized in accordance with sub- section (b). (f) DISPUTES.—The Secretary concerned may require that disputes arising under an agree- ment entered into under subsection (a) be de- cided in accordance with the procedures pro- vided for by chapter 71 of title 41. (Added Pub. L. 102–190, div. B, title XXVIII, § 2809(a)(1), Dec. 5, 1991, 105 Stat. 1541; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title X, § 1031(a)(43), Nov. 24, 2003, 117 Stat. 1602; Pub. L. 111–350, § 5(b)(48), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 112–81, div. A, title X, § 1061(25), Dec. 31, 2011, 125 Stat. 1584; Pub. L. 112–239, div. A, title X, § 1076(f)(36), Jan. 2, 2013, 126 Stat. 1954.) Page 2265 TITLE 10—ARMED FORCES § 2837 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 con- junction with the transfer and reorganization of acqui- sition 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 in- serted ‘‘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 Sec- retary of Homeland Security with respect to the Coast Guard, in connection with the budget submitted pursu- ant 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 pro- posed to be entered into under subsection (a) in that fiscal year.’’ Subsec. (f). Pub. L. 112–81, § 1061(25)(B), (C), redesig- nated subsec. (g) as (f) and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as fol- lows: ‘‘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 accept- ed 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 ex- pired following the date on which a copy of the eco- nomic 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 AMENDMENT Amendment 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.’’ § 2837. Housing Requirements and Market Anal- ysis (a) IN GENERAL.—Not less frequently than once every five years and in accordance with the re- quirements of this section, the Secretary con- cerned shall conduct a Housing Requirements and Market Analysis (in this section referred to as an ‘‘HRMA’’) for each military installation under the jurisdiction of the Secretary con- cerned that is located in the United States. (b) PRIORITIZATION OF INSTALLATIONS.— (1) IN GENERAL.—Except as provided in para- graph (2), the Secretary concerned shall prioritize the conduct of HRMAs for military installations— (A) for which an HRMA has not been con- ducted during the five-year period preceding the date of the enactment of this section; or (B) in locations with housing shortages. (2) EXISTING 5-YEAR REQUIREMENT.—Para- graph (1) shall not apply to a military depart- ment that required an HRMA to be conducted for each military installation not less fre- quently than once every five years before the date of the enactment of this section. (c) SUBMITTAL TO CONGRESS.—The Secretary of Defense shall include with the budget materials for the Department of Defense for fiscal year 2024 and each subsequent fiscal year (as sub- mitted to Congress pursuant to section 1105 of title 31, United States Code) a list of the mili- tary installations for which the Secretary con- cerned plans to conduct an HRMA during the fis- cal year covered by such budget materials. (d) HOUSING REQUIREMENTS AND MARKET ANAL- YSIS.—The term ‘‘Housing Requirements and Market Analysis’’or ‘‘HRMA’’ means, with re- spect to a military installation, a structured an- alytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to afford- ability, location, features, physical condition, and the housing requirements of the total mili- tary population of such installation. (Added Pub. L. 117–263, div. B, title XXVIII, § 2821(a), Dec. 23, 2022, 136 Stat. 2999.) Editorial Notes PRIOR PROVISIONS A prior section 2837, added Pub. L. 103–337, div. B, title XXVIII, § 2803(a), Oct. 5, 1994, 108 Stat. 3051; amend- ed Pub. L. 104–106, div. B, title XXVIII, § 2802, Feb. 10, 1996, 110 Stat. 551; Pub. L. 106–65, div. A, title X, § 1066(a)(28), Oct. 5, 1999, 113 Stat. 772; Pub. L. 108–136, div. A, title X, § 1031(a)(44), Nov. 24, 2003, 117 Stat. 1602, authorized the Secretary of a military department to enter into limited partnerships with private developers of housing through Sept. 30, 2000, further authorized