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10 U.S.C. § 2835 — Long-term leasing of military family housing to be constructed
Federal law — U.S. Code and appendices · legal_authorities
**(a) Build and Lease Authorized.—** Subject to subsection (b), the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, 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 Homeland Security 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 Homeland Security with respect to the Coast Guard, in connection with the budget submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) 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 11 See References in Text note below. of this title. In accordance w
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Source file: Laws/federal/codes/united-states-code/title-10/section-2835-long-term-leasing-of-military-family-housing-to-be-constructed--902f4d6f0d.md
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Source location: Title 10, Chapter 169, § 2835; chapter-169-military-construction-and-military-family-housing.md
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**(a) Build and Lease Authorized.—** Subject to subsection (b), the Secretary of a military department, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, 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 Homeland Security 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 Homeland Security with respect to the Coast Guard, in connection with the budget submitted pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) 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 11 See References in Text note below. 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 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 Homeland Security 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 be entered into for the lease of housing facilities under this section only after the end of the 14-day period beginning on the date on which the Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, submits, in an electronic medium pursuant to [section 480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim), to the appropriate committees of Congress 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.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “chapter 137 legacy provisions” means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3016
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium.
**(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form.
**(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 480
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Federal law — U.S. Code and appendices · legal_authorities
**(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), (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 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 un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2828
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Individual Assignment of Members Without Dependents.—**
(1) To the extent that the Secretary concerned determines that military family housing constructed and leased under [section 2835 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2835&num=0&edition=prelim) is not needed to house members of the armed forces eligible for assignment to military family housing, the Secretary may assign, without rental charge, members without dependents to the housing.
(2) A member without dependents who is assigned to housing pursuant to paragraph (1) shall be considered to be assigned to quarters pursuant to [section 403(e) of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403/e&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2835&num=0&edition=prelim) 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 exceed the remaining term of the lease contract for the family housing so converted.
**(c) Notice and Wait Requirements.—** The Secretary concerned may not convert military family 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 sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2835a
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Federal law — U.S. Code and appendices · legal_authorities
Page 2262
TITLE 10—ARMED FORCES
§ 2835
1 See References in Text note below.
A, title XIII, § 1301(18), Nov. 5, 1990, 104 Stat. 1668;
Pub. L. 103–160, div. B, title XXVIII, § 2806, Nov.
30, 1993, 107 Stat. 1887.)
Editorial Notes
AMENDMENTS
1993—Subsec. (b). Pub. L. 103–160 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as fol-
lows: ‘‘In computing the number of leases for which the
maximum lease amount may be waived by the Sec-
retary concerned under the second sentence of section
2828(e)(1) of this title, housing made available to the
Department of Defense under this section shall be in-
cluded.’’
1990—Subsecs. (b), (c). Pub. L. 101–510 redesignated
subsec. (c) as (b) and struck out former subsec. (b)
which read as follows: ‘‘Agreements entered into with
the Secretary of State under this section may not be
executed until (1) the Secretary concerned provides to
the appropriate committees of Congress written notifi-
cation of the facts concerning the proposed agreement,
and (2) a period of 21 days has elapsed after the day on
which the notification is received by the committees.’’
§ 2835. Long-term leasing of military family hous-
ing to be constructed
(a) BUILD AND LEASE AUTHORIZED.—Subject to
subsection (b), the Secretary of a military de-
partment, or the Secretary of Homeland Secu-
rity with respect to the Coast Guard when it is
not operating as a service in the Navy, 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 fam-
ily housing. Housing units leased under this sec-
tion shall be assigned, without rental charge, as
family housing to
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2835
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