
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2828]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                 SUBCHAPTER II--MILITARY FAMILY HOUSING
 
Sec. 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 
installation 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 Department of Defense stationed at such 
installation.
    (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 temporary;
        (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 housing at such installation.

    (b)(1) Not more than 10,000 family housing units may be leased at 
any one time under subsection (a).
    (2) Except as provided in paragraphs (3) and (4), 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 under \1\ paragraph (5).
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    \1\ So in original.
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    (3) Not more than 500 housing units may be leased under subsection 
(a) for which the expenditure for the rental of such units (including 
the cost of utilities, maintenance, and operation) 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 vicinity of Miami, Florida, for key and essential 
personnel, as designated by the Secretary, for the United States 
Southern Command for which the expenditure for the rental of such units 
(including the cost of utilities, maintenance, and operation, including 
security enhancements) exceeds the expenditure limitations in paragraphs 
(2) and (3).
    (B) The amount of all leases under this paragraph may not exceed 
$280,000 per year, as adjusted from time to time under paragraph (6).
    (C) The term of any lease under this paragraph may not exceed 5 
years.
    (5) At the beginning of each fiscal year, the Secretary concerned 
shall adjust the maximum lease amount provided for leases under 
paragraphs (2) and (3) 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 allowance for 
housing under section 403 of title 37) for the preceding fiscal year 
exceeds the national average monthly cost of housing (as so calculated) 
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 maximum aggregate amount for leases under paragraph (4) 
for the previous fiscal year by the percentage (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 section 403 of title 37) for the preceding fiscal year 
exceeds the annual average cost of housing for the Miami Military 
Housing Area (as so calculated) for the fiscal year before such 
preceding fiscal year.
    (c) The Secretary concerned may lease housing facilities in foreign 
countries for assignment, without rental charge, as family housing to 
members of the armed forces and for assignment, with or without rental 
charge, as family housing to civilian employees of the Department of 
Defense--
        (1) under circumstances specified in clause (A), (B), (D), or 
    (E) of subsection (a)(2);
        (2) for incumbents of special command positions (as determined 
    by the Secretary of Defense);
        (3) in countries where excessive costs of housing or other lease 
    terms would cause undue hardship on Department of Defense personnel; 
    and
        (4) in countries that prohibit leases by individual military or 
    civilian personnel of the United States.

    (d)(1) Leases of housing units in foreign countries under subsection 
(c) for assignment as family housing may be for any period not in excess 
of ten years, and the costs of such leases for any year may be paid out 
of annual appropriations for that year.
    (2) The Secretary may enter into an agreement under this paragraph 
in connection with a lease entered into under subsection (c). Such an 
agreement--
        (A) shall be for the purpose of compensating a developer for any 
    costs resulting from the termination of the lease during the 
    construction of the housing units that are to be occupied pursuant 
    to the lease;
        (B) may be for a period not in excess of three years; and
        (C) shall include a provision that the obligation of the United 
    States to make payments under the agreement in any fiscal year is 
    subject to the availability of appropriations.

    (e)(1) Expenditures for the rental of family housing in foreign 
countries (including the costs of utilities, maintenance, and operation) 
may not exceed $20,000 per unit per year, except that 450 units may be 
leased in foreign countries for not more than $25,000 per unit per year. 
These maximum lease amounts may be waived by the Secretary concerned 
with respect to not more than a total of 350 such units that are leased 
for incumbents of special positions or for personnel assigned to Defense 
Attache Offices or that are leased in countries where excessive costs of 
housing would cause undue hardship on Department of Defense personnel.
    (2) In addition to the 450 units of family housing referred to in 
paragraph (1) for which the maximum lease amount is $25,000 per unit per 
year, the Secretary of the Navy may lease not more than 2,000 units of 
family housing in Italy, and the Secretary of the Army may lease not 
more than 500 units of family housing in Italy, subject to that maximum 
lease amount.
    (3) In addition to the 450 units of family housing referred to in 
paragraph (1) for which the maximum lease amount is $25,000 per unit per 
year, the Secretary of the Army may lease not more than 800 units of 
family housing in Korea subject to that maximum lease amount.
    (4) The Secretary concerned shall adjust the maximum lease amounts 
provided for under paragraphs (1), (2), and (3) for the previous fiscal 
year--
        (A) for foreign currency fluctuations from October 1, 1987; and
        (B) at the beginning of each fiscal year, by the percentage (if 
    any) by which the Consumer Price Index for All Urban Consumers, 
    published by the Bureau of Labor Statistics, during the preceding 
    fiscal year exceeds such Consumer Price Index for the fiscal year 
    before such preceding fiscal year.

    (5) The maximum number of family housing units that may be leased in 
foreign countries under this section at any one time is 53,000.
    (f) A lease for family housing facilities, or for real property 
related to family housing facilities, in a foreign country for which the 
average estimated annual rental during the term of the lease exceeds 
$500,000 may not be made under this section until (1) the Secretary 
concerned provides to the appropriate committees of Congress written 
notification of the facts concerning the proposed lease, and (2) a 
period of 21 days elapses after the notification is received by those 
committees.
    (g) Appropriations available to the Department of Defense for 
maintenance or construction may be used for the acquisition of interests 
in land under this section.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 161; amended 
Pub. L. 97-321, title VIII, Sec. 805(b)(2), Oct. 15, 1982, 96 Stat. 
1573; Pub. L. 98-115, title VIII, Sec. 801, Oct. 11, 1983, 97 Stat. 782; 
Pub. L. 98-407, title VIII, Sec. 806(a), Aug. 28, 1984, 98 Stat. 1521; 
Pub. L. 99-167, title VIII, Secs. 801(b), 803, 805, Dec. 3, 1985, 99 
Stat. 985, 987, 988; Pub. L. 99-661, div. B, title VII, Secs. 2702(d)-
(g), 2713(b), 2714, Nov. 14, 1986, 100 Stat. 4040-4042; Pub. L. 100-26, 
Sec. 7(j)(8), Apr. 21, 1987, 101 Stat. 283; Pub. L. 100-180, div. B, 
subdiv. 3, title I, Secs. 2306(a), 2309, 2311, Dec. 4, 1987, 101 Stat. 
1216, 1217; Pub. L. 100-370, Sec. 1(l)(2), July 19, 1988, 102 Stat. 849; 
Pub. L. 100-456, div. B, title XXVIII, Sec. 2802, Sept. 29, 1988, 102 
Stat. 2115; Pub. L. 101-189, div. B, title XXVIII, Secs. 2802, 2805, 
Nov. 29, 1989, 103 Stat. 1646, 1647; Pub. L. 102-190, div. B, title 
XXVIII, Sec. 2806(b), Dec. 5, 1991, 105 Stat. 1540; Pub. L. 103-35, 
title II, Sec. 201(d)(7), May 31, 1993, 107 Stat. 99; Pub. L. 103-160, 
div. B, title XXVIII, Sec. 2801, Nov. 30, 1993, 107 Stat. 1883; Pub. L. 
104-106, div. B, title XXVIII, Sec. 2816, Feb. 10, 1996, 110 Stat. 553; 
Pub. L. 105-85, div. B, title XXVIII, Sec. 2803, Nov. 18, 1997, 111 
Stat. 1990; Pub. L. 105-261, div. B, title XXVIII, Sec. 2802, Oct. 17, 
1998, 112 Stat. 2202; Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2804], Oct. 30, 2000, 114 Stat. 1654, 1654A-414.)


                      Historical and Revision Notes

                            1988 Act

    Subsection (h) of this section and section 2673 of this title are 
based on Pub. L. 98-212, title VII, Sec. 707, Dec. 8, 1983, 97 Stat. 
1438.


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2804(c)(1)], inserted ``, as adjusted from time to under paragraph 
(5)'' after ``per year''.
    Subsec. (b)(3). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2804(c)(2)], substituted ``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)'' for ``$12,000 
per unit per year but does not exceed $14,000 per unit per year''.
    Subsec. (b)(4). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2804(a)], designated existing provisions as subpar. (A), struck out 
last sentence which read as follows: ``The total amount for all leases 
under this paragraph may not exceed $280,000 per year, and no lease on 
any individual housing unit may exceed $60,000 per year.'', and added 
subpars. (B) and (C).
    Subsec. (b)(5), (6). Pub. L. 106-398, Sec. 1 [div. B, title XXVIII, 
Sec. 2804(b)], added pars. (5) and (6) and struck out former par. (5) 
which read as follows: ``At the beginning of each fiscal year, the 
Secretary concerned shall adjust the maximum lease amount provided for 
under paragraphs (2), (3), and (4) for the previous fiscal year by the 
percentage (if any) by which the Consumer Price Index for All Urban 
Consumers, published by the Bureau of Labor Statistics, during the 
preceding fiscal year exceeds such Consumer Price Index for the fiscal 
year before such preceding fiscal year.''
    1998--Subsec. (e)(2). Pub. L. 105-261, Sec. 2802(a)(1), inserted ``, 
and the Secretary of the Army may lease not more than 500 units of 
family housing in Italy,'' after ``family housing in Italy''.
    Subsec. (e)(3). Pub. L. 105-261, Sec. 2802(a)(3), added par. (3). 
Former par. (3) redesignated (4).
    Subsec. (e)(4). Pub. L. 105-261, Sec. 2802(b), substituted ``, (2), 
and (3)'' for ``and (2)''.
    Pub. L. 105-261, Sec. 2802(a)(2), redesignated par. (3) as (4). 
Former par. (4) redesignated (5).
    Subsec. (e)(5). Pub. L. 105-261, Sec. 2802(a)(2), redesignated par. 
(4) as (5).
    1997--Subsec. (b)(2). Pub. L. 105-85, Sec. 2803(a)(1), substituted 
``paragraphs (3) and (4)'' for ``paragraph (3)''.
    Subsec. (b)(4). Pub. L. 105-85, Sec. 2803(a)(3), added par. (4). 
Former par. (4) redesignated (5).
    Subsec. (b)(5). Pub. L. 105-85, Sec. 2803(b), substituted 
``paragraphs (2), (3), and (4)'' for ``paragraphs (2) and (3)''.
    Pub. L. 105-85, Sec. 2803(a)(2), redesignated par. (4) as (5).
    1996--Subsec. (e)(1). Pub. L. 104-106, Sec. 2816(1), substituted 
``450 units'' for ``300 units'' in first sentence and ``350 such units'' 
for ``220 such units'' in second sentence.
    Subsec. (e)(2). Pub. L. 104-106, Sec. 2816(2), substituted ``450 
units'' for ``300 units''.
    1993--Subsec. (b)(2), (3). Pub. L. 103-35 substituted ``per year'' 
for ``per annum'' in par. (2) and in two places in par. (3).
    Subsec. (b)(4). Pub. L. 103-160, Sec. 2801(a), added par. (4).
    Subsec. (e)(1). Pub. L. 103-160, Sec. 2801(b)(1), (2), substituted 
``, except that 300 units may be leased in foreign countries for not 
more than $25,000 per unit per year'' for ``as adjusted for foreign 
currency fluctuation from October 1, 1987'' in first sentence and 
``These maximum lease amounts'' for ``That maximum lease amount'' in 
second sentence.
    Pub. L. 103-35 substituted ``per year'' for ``per annum''.
    Subsec. (e)(2) to (4). Pub. L. 103-160, Sec. 2801(b)(3), (4), added 
pars. (2) and (3) and redesignated former par. (2) as (4).
    1991--Subsecs. (g), (h). Pub. L. 102-190 redesignated subsec. (h) as 
(g) and struck out former subsec. (g) which authorized contracts for 
lease of family housing units on or near military installations at which 
there is a validated deficit in family housing. See section 2835 of this 
title.
    1989--Subsec. (b)(2). Pub. L. 101-189, Sec. 2802(1), substituted 
``$12,000'' for ``$10,000''.
    Subsec. (b)(3). Pub. L. 101-189, Sec. 2802(2), substituted ``Not'' 
for ``(A) Except as provided in subparagraph (B), not'', ``$12,000'' for 
``$10,000'', and ``$14,000'' for ``$12,000'' and struck out subpar. (B) 
which read as follows: ``During fiscal years 1986 and 1987, the number 
of housing units that may be leased pursuant to the provisions of 
subparagraph (A) may be increased by 500 units for each such fiscal 
year. The Secretary concerned shall provide written notification to the 
Committees on Armed Services of the Senate and House of Representatives 
concerning the location, purpose, and cost of the additional units 
permitted by this subparagraph. Such notification shall be made 
periodically as the leases are entered into.''
    Subsec. (e)(1). Pub. L. 101-189, Sec. 2802(3), inserted ``as 
adjusted for foreign currency fluctuation from October 1, 1987'' after 
``$20,000 per unit per annum''.
    Subsec. (e)(2). Pub. L. 101-189, Sec. 2802(4), substituted 
``53,000'' for ``38,000''.
    Subsec. (g)(7). Pub. L. 101-189, Sec. 2805(1), added par. (7) and 
struck out former par. (7) which provided that this subsection could 
only be implemented by a pilot program, and that in carrying out such 
program, the Secretary of each military department or the Secretary of 
Transportation with respect to the Coast Guard, could not enter into 
more than two contracts under this subsection, and any such contract 
could not be for more than 300 family housing units.
    Subsec. (g)(8). Pub. L. 101-189, Sec. 2805, redesignated par. (9) as 
(8), substituted ``1991'' for ``1989'', and struck out former par. (8) 
which authorized the Secretaries of the military departments and the 
Secretary of Transportation to enter into contracts for family housing 
units in addition to those authorized in par. (7).
    Subsec. (g)(9), (10). Pub. L. 101-189, Sec. 2805(2), redesignated 
par. (10) as (9). Former par. (9) redesignated (8).
    1988--Subsec. (e)(2). Pub. L. 100-456 substituted ``38,000'' for 
``36,000''.
    Subsec. (h). Pub. L. 100-370 added subsec. (h).
    1987--Subsec. (a)(1). Pub. L. 100-26 substituted ``armed forces'' 
for ``Armed Forces''.
    Subsec. (b)(2). Pub. L. 100-180, Sec. 2309(b)(1), inserted ``per 
unit per annum'' after ``$10,000''.
    Subsec. (b)(3)(A). Pub. L. 100-180, Sec. 2309(b)(2), substituted 
``$10,000 per unit per annum but does not exceed $12,000 per unit per 
annum'' for ``$10,000 but does not exceed $12,000''.
    Subsec. (c). Pub. L. 100-26 substituted ``armed forces'' for ``Armed 
Forces''.
    Subsec. (e)(1). Pub. L. 100-180, Sec. 2309(a)(1), substituted 
``$20,000 per unit per annum'' for ``$16,800''.
    Subsec. (e)(2). Pub. L. 100-180, Sec. 2309(a)(2), substituted 
``36,000'' for ``32,000''.
    Subsec. (f). Pub. L. 100-180, Sec. 2311, substituted ``$500,000'' 
for ``$250,000''.
    Subsec. (g)(1). Pub. L. 100-180, Sec. 2306(a)(1), inserted ``, or 
the Secretary of Transportation with respect to the Coast Guard,'' after 
``military department'' and ``or rehabilitated to residential use'' 
after ``constructed''.
    Subsec. (g)(7)(A). Pub. L. 100-180, Sec. 2306(a)(2), inserted ``, or 
the Secretary of Transportation with respect to the Coast Guard,'' after 
``military department''.
    Subsec. (g)(8)(C). Pub. L. 100-180, Sec. 2306(a)(3), added subpar. 
(C).
    Subsec. (g)(9). Pub. L. 100-180, Sec. 2306(a)(4), substituted 
``1989'' for ``1988''.
    1986--Subsec. (b)(2). Pub. L. 99-661, Sec. 2702(d)(1), substituted 
``$10,000'' for ``the amount specified by law as the maximum annual 
domestic family housing unit lease amount''.
    Subsec. (b)(3)(A). Pub. L. 99-661, Sec. 2702(d)(2), substituted 
``$10,000 but does not exceed $12,000'' for ``the maximum annual 
domestic family housing unit lease amount but does not exceed 120 
percent of that amount''.
    Subsec. (e)(1). Pub. L. 99-661, Sec. 2714, substituted ``220'' for 
``200''.
    Pub. L. 99-661, Sec. 2702(e), substituted ``$16,800'' for ``the 
amount specified by law as the maximum annual foreign family housing 
unit lease amount''.
    Subsec. (e)(2). Pub. L. 99-661, Sec. 2702(f), substituted ``is 
32,000'' for ``shall be specified by law''.
    Subsec. (f). Pub. L. 99-661, Sec. 2702(g), substituted ``$250,000'' 
for ``the amount specified by law for such purpose''.
    Subsec. (g)(8)(B). Pub. L. 99-661, Sec. 2713(b)(1), substituted 
``1,600'' for ``600''.
    Subsec. (g)(9). Pub. L. 99-661, Sec. 2713(b)(2), substituted 
``September 30, 1988'' for ``September 30, 1986''.
    Subsec. (g)(10). Pub. L. 99-661, Sec. 2713(b)(3), added par. (10).
    1985--Subsec. (b)(3). Pub. L. 9-167, Sec. 805, designated existing 
provisions as subpar. (A), substituted ``Except as provided in 
subparagraph (B), not'' for ``Not'', and added subpar. (B).
    Subsec. (d). Pub. L. 99-167, Sec. 803, designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (g)(8). Pub. L. 99-167, Sec. 801(b)(2), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (g)(9). Pub. L. 99-167, Sec. 801(b)(1), substituted 
``September 30, 1986'' for ``October 1, 1985''.
    1984--Subsec. (g)(8), (9). Pub. L. 98-407 added par. (8) and 
redesignated former par. (8) as (9).
    1983--Subsec. (g). Pub. L. 98-115 added subsec. (g).
    1982--Subsec. (e)(1). Pub. L. 97-321 inserted ``the'' after ``may be 
waived by'' in second sentence.


                    Effective Date of 1991 Amendment

    Section 2806(c) of Pub. L. 102-190 provided that: ``Section 2835 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)(1) [amending this section] shall not affect the 
validity of any contract entered into before that date under section 
2828(g) of such title, as in effect on the day before that date.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section 
2702 of Pub. L. 100-456, set out as a note under section 2391 of this 
title.


                    Effective Date of 1984 Amendment

    Section 806(c) of Pub. L. 98-407 provided that: ``The amendments 
made by this section [amending this section and provisions set out as a 
note under section 2821 of this title] shall take effect on October 1, 
1984.''


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 2822, 2834 of this title.
