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10 U.S.C. § 2835a — Use of military family housing constructed under build and lease authority to house other members

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2835a — Use of military family housing constructed under build and lease authority to house other members

**(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

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Stable record: federal_law:legal_authorities:record_usc_b146ddeff854b3beb4f520ad
Source file: Laws/federal/codes/united-states-code/title-10/section-2835a-use-of-military-family-housing-constructed-under-build-and-lease-authori--f4bf8db462.md
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Source location: Title 10, Chapter 169, § 2835a; chapter-169-military-construction-and-military-family-housing.md

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**(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 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 a notice of the intent to undertake the conversion. **(d) Application to Housing Leased Under Former Authority.—** This section also shall apply to housing initially acquired or constructed under the former [section 2828(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2828/g&num=0&edition=prelim) (commonly known as the “Build to Lease program”), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98–115; 97 Stat 782).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 480 — Reports to Congress: submission in electronic form

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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), (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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2835a — Use of military family housing con-

Page 2263 TITLE 10—ARMED FORCES § 2836 Editorial Notes REFERENCES IN TEXT Chapter 137 of this title, referred to in subsec. (c), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in con- junction with the transfer and reorganization of acqui- sition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of ‘‘chapter 137 legacy provisions’’, see section 3016 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in subsec. (g) of section 2828 of this title, prior to repeal by Pub. L. 102–190, § 2806(b)(1). AMENDMENTS 2017—Subsec. (g). Pub. L. 115–91 added subsec. (g) and struck out former subsec. (g) which set out written no- tice and wait requirements. 2013—Subsec. (a), (g)(1). Pub. L. 112–239 inserted ‘‘when it is not operating as a service in the Navy’’ after ‘‘Coast Guard’’. 2011—Subsec. (g)(2). Pub. L. 111–383 struck out ‘‘cal- endar’’ after ‘‘21’’ and inserted before period at end ‘‘or, if earlier, a period of 14 days has elapsed from the date on which a copy of the analysis is provided in an elec- tronic medium pursuant to section 480 of this title’’. 2002—Subsecs. (a) to (c), (d)(4)(B), (g)(1). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE Section applicable with respect to contracts entered into under this section on or afte

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