
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: 10USC2835]

 
                         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. 2835. Long-term leasing of military family housing to be 
        constructed
        
    (a) Build and Lease Authorized.--Subject to subsection (b), the 
Secretary of a military department, or the Secretary of Transportation 
with respect to the Coast Guard, may enter into a contract for the lease 
of family housing units to be constructed or rehabilitated to 
residential use near a military installation within the United States 
under the Secretary's jurisdiction at which there is a shortage of 
family housing. Housing units leased under this section shall be 
assigned, without rental charge, as family housing to members of the 
armed forces who are eligible for assignment to military family housing.
    (b) Submission and Authorization of Proposed Lease Contracts.--(1) 
The Secretary of a military department, or the Secretary of 
Transportation with respect to the Coast Guard, may enter into a lease 
contract under subsection (a) for such military housing as is authorized 
by law for the purposes of this section.
    (2) The budget material submitted to Congress by the Secretary of 
Defense, and the Secretary of Transportation with respect to the Coast 
Guard, in connection with the budget submitted pursuant to section 1105 
of title 31 for each fiscal year shall include materials that identify 
the military housing projects for which lease contracts are proposed to 
be entered into under subsection (a) in such fiscal year.
    (c) Competitive Process.--Each contract under subsection (a) shall 
be awarded through the use of publicly advertised, competitively bid, or 
competitively negotiated, contracting procedures as provided in chapter 
137 of this title. In accordance with such procedures, the Secretary of 
a military department, or the Secretary of Transportation, as the case 
may be, shall solicit bids or proposals for a contract for the lease of 
military housing authorized in accordance with subsection (b)(1). Such a 
contract may provide for the contractor of the housing facilities to 
operate and maintain such housing facilities during the term of the 
lease.
    (d) Conditions on Obligation of Funds.--A lease contract entered 
into for a military housing project under subsection (a) shall include 
the following provisions:
        (1) A statement that the obligation of the United States to make 
    payments under the contract in any fiscal year is subject to 
    appropriations 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 contract when and to the extent that 
    funds are appropriated for that project for that fiscal year.
        (3) A statement that such a commitment entered into under the 
    authority of this section does not constitute an obligation of the 
    United States.
        (4) A requirement that housing units constructed pursuant to the 
    contract shall be constructed--
            (A) to Department of Defense specifications, in the case of 
        a Department of Defense contract; and
            (B) to Department of Transportation specifications, in the 
        case of a contract for the Coast Guard.

    (e) Lease Term.--A contract under this section may be for any period 
not in excess of 20 years (excluding the period required for 
construction of the housing facilities).
    (f) Right of First Refusal to Acquire.--A contract under this 
section shall provide that, upon the termination of the lease period, 
the United States shall have the right of first refusal to acquire all 
right, title, and interest to the housing facilities constructed and 
leased under the contract.
    (g) Notice and Wait Requirements.--A contract may not be entered 
into for the lease of housing facilities under this section until--
        (1) the Secretary of Defense, or the Secretary of Transportation 
    with respect to the Coast Guard, submits to the appropriate 
    committees of Congress, in writing, an economic analysis (based upon 
    accepted life cycle costing procedures) which demonstrates that the 
    proposed contract is cost-effective when compared with alternative 
    means of furnishing the same housing facilities; and
        (2) a period of 21 calendar days has expired following the date 
    on which the economic analysis is received by those committees.

    (h) Support Buildings.--A contract for the lease of family housing 
under this section may include provision for the lease of a child care 
center, civic center building, and similar type buildings constructed 
for the support of family housing.

(Added Pub. L. 102-190, div. B, title XXVIII, Sec. 2806(a)(1), Dec. 5, 
1991, 105 Stat. 1539.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
subsec. (g) of section 2828 of this title, prior to repeal by Pub. L. 
102-190, Sec. 2806(b)(1).


                             Effective Date

    Section applicable with respect to contracts entered into under this 
section on or after Dec. 5, 1991, see section 2806(c) of Pub. L. 102-
190, set out as an Effective Date of 1991 Amendment note under section 
2828 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2801 of this title.
