10 U.S.C. § 2827 — Relocation of military family housing

Page 2255 TITLE 10—ARMED FORCES § 2827 tion during the period beginning Oct. 1, 1982, and end- ing on the date of the enactment of the Military Con- struction Authorization Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see section 11(3) of Pub. L. 97–214, set out as a note under section 2828 of this title. § 2826. Military family housing: local com- parability of room patterns and floor areas (a) LOCAL COMPARABILITY.—In the construc- tion, acquisition, and improvement of military family housing, the Secretary concerned shall ensure that the room patterns and floor areas of military family housing in a particular locality (as designated by the Secretary concerned for purposes of this section) are similar to room patterns and floor areas of similar housing in the private sector in that locality. (b) REQUESTS FOR AUTHORITY FOR MILITARY FAMILY HOUSING.—(1) In submitting to Congress a request for authority to carry out the con- struction, acquisition, or improvement of mili- tary family housing, the Secretary concerned shall include in the request information on the net floor area of each unit of military family housing to be constructed, acquired, or im- proved under the authority. (2) In this subsection, the term ‘‘net floor area’’, in the case of a military family housing unit, means the total number of square feet of the floor space inside the exterior walls of the unit, excluding the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a stairwell, and any space used for a solar-energy system. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 159; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102–190, div. B, title XXVIII, § 2808, Dec. 5, 1991, 105 Stat. 1540; Pub. L. 104–106, div. B, title XXVIII, §§ 2814, 2815, Feb. 10, 1996, 110 Stat. 553; Pub. L. 104–201, div. A, title X, § 1074(a)(17), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2803(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–413.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–398 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (i) which limited the net floor area al- lowed in the construction, acquisition, and improve- ment of military family housing units. 1996—Subsec. (e). Pub. L. 104–106, § 2814, struck out at end ‘‘The authority provided by this subsection shall expire on September 30, 1994.’’ Subsec. (i). Pub. L. 104–106, § 2815, added subsec. (i). Subsec. (i)(1). Pub. L. 104–201 substituted ‘‘February 10, 1996’’ for ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996’’. 1991—Subsecs. (d) to (h). Pub. L. 102–190 added sub- secs. (d) and (e) and redesignated former subsecs. (d) to (f) as (f) to (h), respectively. 1987—Subsec. (f). Pub. L. 100–26 inserted ‘‘the term’’ after ‘‘In this section,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2803(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–413, provided that: ‘‘(1) The amendments made by subsection (a) [amend- ing this section] shall take effect on October 1, 2001, but the Secretary of Defense shall anticipate the require- ments of section 2826 of title 10, United States Code, as added by such subsection, when preparing the budget request for new construction, acquisition, or improve- ment of military family housing for fiscal year 2002. ‘‘(2) Section 2826 of title 10, United States Code, as in effect on September 30, 2001, shall continue to apply with respect to the construction, acquisition, or im- provement of military family housing commenced on or before that date.’’ EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2827. Relocation of military family housing units (a) RELOCATION AUTHORITY.—Subject to sub- section (b), the Secretary concerned may relo- cate existing military family housing units from any location where the number of such units ex- ceeds requirements for military family housing to any military installation where there is a housing shortage. (b) NOTICE AND WAIT REQUIREMENTS.—A con- tract to carry out a relocation of military fam- ily housing units under subsection (a) may be awarded only after the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, to the ap- propriate committees of Congress notice of the proposed new locations of the housing units to be relocated and the estimated cost of and source of funds for the relocation. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 160; amended Pub. L. 108–136, div. A, title X, § 1031(a)(42), Nov. 24, 2003, 117 Stat. 1602; Pub. L. 115–91, div. B, title XXVIII, § 2801(b)(2), Dec. 12, 2017, 131 Stat. 1842.) Editorial Notes AMENDMENTS 2017—Subsec. (a). Pub. L. 115–91, § 2801(b)(2)(A), in- serted heading. Subsec. (b). Pub. L. 115–91, § 2801(b)(2)(B), added sub- sec. (b) and struck out former subsec. (b) which read as follows: ‘‘A contract to carry out a relocation of mili- tary family housing units under subsection (a) may not be awarded until (1) the Secretary concerned has noti- fied the appropriate committees of Congress of the pro- posed new locations of the housing units to be relo- cated and the estimated cost of and source of funds for the relocation, and (2) a period of 21 days has elapsed after the notification has been received by those com- mittees or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notifica- tion is provided in an electronic medium pursuant to section 480 of this title.’’ 2003—Subsec. (b)(2). Pub. L. 108–136 inserted before pe- riod at end ‘‘or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the notifica- tion is provided in an electronic medium pursuant to section 480 of this title’’. Page 2256 TITLE 10—ARMED FORCES § 2828 Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. CONVEYANCE TO INDIAN TRIBES OF RELOCATABLE MILI- TARY HOUSING UNITS AT MILITARY INSTALLATIONS IN THE UNITED STATES Pub. L. 114–92, div. B, title XXVIII, § 2805, Nov. 25, 2015, 129 Stat. 1171, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) EXECUTIVE DIRECTOR.—The term ‘Executive Di- rector’ means the Executive Director of Walking Shield, Inc. ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ means any Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Fed- erally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1) [now 25 U.S.C. 5131]. ‘‘(b) REQUESTS FOR CONVEYANCE.— ‘‘(1) IN GENERAL.—The Executive Director may sub- mit to the Secretary of the military department con- cerned, on behalf of any Indian tribe, a request for conveyance of any relocatable military housing unit located at a military installation in the United States. ‘‘(2) CONFLICTS.—The Executive Director shall re- solve any conflict among requests of Indian tribes for housing units described in paragraph (1) before sub- mitting a request to the Secretary of the military de- partment concerned under this subsection. ‘‘(c) CONVEYANCE BY A SECRETARY.—Notwithstanding any other provision of law, on receipt of a request under subsection (b)(1), the Secretary of the military department concerned may convey to the Indian tribe that is the subject of the request, at no cost to such military department and without consideration, any relocatable military housing unit described in sub- section (b)(1) that, as determined by such Secretary, is in excess of the needs of the military.’’ § 2828. Leasing of military family housing (a)(1) Subject to paragraph (2), the Secretary of the military department concerned may lease housing facilities at or near a military installa- tion in the United States, Puerto Rico, or Guam for assignment, without rental charge, as family housing to members of the armed forces and for assignment, with fair market rental charge, as family housing to civilian employees of the De- partment of Defense stationed at such installa- tion. (2) A lease may only be made under paragraph (1) if the Secretary concerned finds that there is a shortage of adequate housing at or near such military installation and that— (A) the requirement for such housing is tem- porary; (B) leasing would be more cost effective than construction or acquisition of new housing; (C) family housing is required for personnel attending service school academic courses on permanent change of station orders; (D) construction of family housing at such installation has been authorized by law but is not yet completed; or (E) a military construction authorization bill pending in Congress includes a request for authorization of construction of family hous- ing at such installation. (b)(1) Not more than 10,000 family housing units may be leased at any one time under sub- section (a). (2) Except as provided in paragraphs (3), (4), and (7), expenditures for the rental of housing units under subsection (a) (including the cost of utilities, maintenance, and operation) may not exceed $12,000 per unit per year, as adjusted from time to time under paragraph (5). (3) Not more than 500 housing units may be leased under subsection (a) for which the ex- penditure for the rental of such units (including the cost of utilities, maintenance, and oper- ation) exceeds the maximum amount per unit per year in effect under paragraph (2) but does not exceed $14,000 per unit per year, as adjusted from time to time under paragraph (5). (4)(A) The Secretary of the Army may lease not more than eight housing units in the vicin- ity of Miami, Florida, for key and essential per- sonnel, as designated by the Secretary, for the United States Southern Command for which the expenditure for the rental of such units (includ- ing the cost of utilities, maintenance, and oper- ation, including security enhancements) exceeds the expenditure limitations in paragraphs (2) and (3). (B) The amount of all leases under this para- graph may not exceed $280,000 per year, as ad- justed from time to time under paragraph (6). (C) The term of any lease under this paragraph may not exceed 5 years. (D) Until September 30, 2008, the Secretary of the Army may authorize family members of a member of the armed forces on active duty who is assigned to a family-member-restricted area and who, before such assignment, was occupying a housing unit leased under this paragraph, to remain in the leased housing unit until the member completes the assignment. Costs in- curred for the leased housing unit during the as- signment shall be included in the costs subject to the limitation under subparagraph (B). (5) At the beginning of each fiscal year, the Secretary concerned shall adjust the maximum lease amount provided for leases under para- graphs (2), (3), and (7) for the previous fiscal year by the percentage (if any) by which the national average monthly cost of housing (as calculated for purposes of determining rates of basic allow- ance for housing under section 403 of title 37) for the preceding fiscal year exceeds the national average monthly cost of housing (as so cal- culated) for the fiscal year before such preceding fiscal year. (6) At the beginning of each fiscal year, the Secretary of the Army shall adjust the max- imum aggregate amount for leases under para- graph (4) for the previous fiscal year by the per- centage (if any) by which the annual average cost of housing for the Miami Military Housing Area (as calculated for purposes of determining rates of basic allowance for housing under sec- tion 403 of title 37) for the preceding fiscal year exceeds the annual average cost of housing for the Miami Military Housing Area (as so cal- culated) for the fiscal year before such preceding fiscal year. (7)(A) Not more than 600 housing units may be leased by the Secretary of the Army under sub- section (a) for which the expenditure for the rental of such units (including the cost of utili- ties, maintenance, and operation) exceeds the maximum amount per unit per year in effect