§2856. Military unaccompanied housing: standards

(a) Local Comparability in Floor Areas.-In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for purposes of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A).

(b) Floor Space and Number of Members Allowed.-In the design and configuration of covered military unaccompanied housing, the Secretary of Defense shall establish uniform design standards that-

(1) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of covered military unaccompanied housing;

(2) ensure that not more than two individuals may occupy such a unit; and

(3) provide definitions and measures that specify-

(A) criteria of design;

(B) quality of construction material to be used; and

(C) levels of maintenance to be required.

(c) Covered Military Unaccompanied Housing.-For purposes of this section, section 2856a, and section 2856b, the term "covered military unaccompanied housing" means Government-owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.

(Added Pub. L. 97–214, §2(a), July 12, 1982, 96 Stat. 166 ; amended Pub. L. 101–510, div. A, title XIII, §1301(19), Nov. 5, 1990, 104 Stat. 1668 ; Pub. L. 109–364, div. B, title XXVIII, §2807(a)(1), Oct. 17, 2006, 120 Stat. 2468 ; Pub. L. 118–31, div. B, title XXVIII, §2831(a)(1), Dec. 22, 2023, 137 Stat. 753 ; Pub. L. 118–159, div. A, title XVII, §1701(a)(31), Dec. 23, 2024, 138 Stat. 2205 .)

Editorial Notes

Amendments

2024-Subsec. (a). Pub. L. 118–159 substituted "subsection (b)(1)(A)." for "subsection (b)(1)(A),.".

2023-Pub. L. 118–31, §2831(a)(1)(B)–(D), designated existing provisions as subsec. (a) and inserted heading, inserted "covered" before "military unaccompanied housing" and ", except for purposes of meeting minimum area requirements under subsection (b)(1)(A)," before period at end, and added subsecs. (b) and (c).

Pub. L. 118–31, §2831(a)(1)(A), substituted "standards" for "local comparability of floor areas" in section catchline.

2006-Pub. L. 109–364 amended section catchline and text generally. Prior to amendment, text read as follows: "The Secretary of Defense shall prescribe regulations establishing the maximum allowable net square feet per occupant for new permanent barracks construction. Such regulations shall be uniform for the armed forces under the jurisdiction of the Secretary of a military department."

1990-Pub. L. 101–510 struck out "(a)" before "The Secretary of Defense" and struck out subsec. (b) which read as follows: "Before taking effect, any regulations under this section, and any modifications to such regulations, shall be submitted to the appropriate committees of Congress. Such regulations (including any modifications to such regulations) may not then take effect until 21 days after being received by such committees."

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.

Improvement of Administration of Military Unaccompanied Housing

Pub. L. 119–60, div. B, title XXVIII, §2827, Dec. 18, 2025, 139 Stat. 1311 , provided that:

"(a) Updated Guidance on Surveys.-The Secretary of Defense, in carrying out the satisfaction survey requirement under section 3058 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note), shall update guidance to the Secretaries of the military departments to ensure that members of the Armed Forces living in military unaccompanied housing are surveyed in a consistent and comparable manner.

"(b) Review on Processes and Methodologies for Condition Scores.-

"(1) In general.-The Secretary of Defense shall conduct a review of the processes and methodologies by which the Secretaries of the military departments calculate condition scores for military unaccompanied housing facilities under the jurisdiction of the Secretary concerned.

"(2) Elements.-The review required under paragraph (1) shall, among other factors-

"(A) consider how best to ensure a condition score of a facility reflects-

"(i) the physical condition of the facility; and

"(ii) the effect of that condition on the quality of life of members of the Armed Forces; and

"(B) aim to increase methodological consistency among the military departments.

"(3) Report.-Not later than one year after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under paragraph (1).

"(c) Accounting of Members Residing in Military Unaccompanied Housing.-

"(1) In general.-The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, an accounting of unaccompanied members of the Armed Forces whose rank would require that they live in military unaccompanied housing, but that also receive a basic allowance for housing under section 403 of title 37, United States Code.

"(2) Elements.-The accounting required under paragraph (1) shall include-

"(A) the number of members of the Armed Forces described in such paragraph;

"(B) the total value of basic allowance for housing payments provided to those members; and

"(C) such other information as the Secretary considers appropriate.

"(d) Centralized Tracking.-Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall develop a means for centralized tracking, at the service level, of all military construction requirements related to military unaccompanied housing that have been identified at the installation level, regardless of whether or not such requirements are submitted for funding.

"(e) Military Unaccompanied Housing Defined.-In this section, the term 'military unaccompanied housing' has the meaning given that term in section 2871 of title 10, United States Code."

Uniform Design Standards

Pub. L. 118–31, div. B, title XXVIII, §2831(b), (c), Dec. 22, 2023, 137 Stat. 753 , 754, provided that:

"(b) Completion and Issuance of Uniform Design Standards.-Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall-

"(1) ensure that the uniform design standards required under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D), are completed, issued, and submitted to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; or

"(2) submit to the congressional defense committees a report-

"(A) explaining in detail why such standards are not completed and issued;

"(B) indicating when such standards are expected to be completed and issued; and

"(C) specifying the names of the personnel responsible for the failure to complete and issue such standards.

"(c) Compliance With Uniform Design Standards.-

"(1) In general.-Not later than two years after the date of the enactment of this Act, the Secretary of each military department shall ensure that all covered military unaccompanied housing located on a military installation under the jurisdiction of such Secretary complies with the uniform standards established under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D).

"(2) No waiver.-The requirement under paragraph (1) may not be waived.

"(3) Covered military unaccompanied housing defined.-In this subsection, the term 'covered military unaccompanied housing' has the meaning given in section 2856 of title 10, United States Code (as amended by subsection (a))."