10 U.S.C. § 2835 — Long-term leasing of military family hous-

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 members of the armed forces who are eligible for assignment to military fam- ily housing. (b) SUBMISSION AND AUTHORIZATION OF PRO- POSED LEASE CONTRACTS.—(1) The Secretary of a military department, or the Secretary of Home- land Security with respect to the Coast Guard, may enter into a lease contract under sub- section (a) for such military housing as is au- thorized 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 for each fiscal year shall include materials that identify the military housing projects for which lease con- tracts are proposed to be entered into under sub- section (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 1 of this title. In accordance with such procedures, the Secretary of a military department, or the Sec- retary 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 con- tract 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 hous- ing 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 appro- priations 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 en- tered into under the authority of this section does not constitute an obligation of the United States. (4) A requirement that housing units con- structed pursuant to the contract shall be con- structed— (A) to Department of Defense specifica- tions, 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 sec- tion may be for any period not in excess of 20 years (excluding the period required for con- struction 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 re- fusal to acquire all right, title, and interest to the housing facilities constructed and leased under the contract. (g) NOTICE AND WAIT REQUIREMENTS.—A con- tract may be entered into for the lease of hous- ing 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 Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a serv- ice in the Navy, submits, in an electronic me- dium pursuant to section 480 of this title, to the appropriate committees of Congress an eco- nomic 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. (Added Pub. L. 102–190, div. B, title XXVIII, § 2806(a)(1), Dec. 5, 1991, 105 Stat. 1539; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–383, div. B, title XXVIII, § 2803(e), Jan. 7, 2011, 124 Stat. 4459; Pub. L. 112–239, div. A, title X, § 1076(f)(35), Jan. 2, 2013, 126 Stat. 1954; Pub. L. 115–91, div. B, title XXVIII, § 2801(b)(5), Dec. 12, 2017, 131 Stat. 1843.) 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 after Dec. 5, 1991, see sec- tion 2806(c) of Pub. L. 102–190, set out as an Effective Date of 1991 Amendment note under section 2828 of this title. § 2835a. Use of military family housing con- structed under build and lease authority to house other members (a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITH- OUT DEPENDENTS.—(1) To the extent that the Secretary concerned determines that military family housing constructed and leased under section 2835 of this title is not needed to house members of the armed forces eligible for assign- ment to military family housing, the Secretary may assign, without rental charge, members without dependents to the housing. (2) A member without dependents who is as- signed to housing pursuant to paragraph (1) shall be considered to be assigned to quarters pursuant to section 403(e) of title 37. (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 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 ex- ceed the remaining term of the lease contract for the family housing so converted. (c) NOTICE AND WAIT REQUIREMENTS.—The Sec- retary concerned may not convert military fam- ily 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 pur- suant to section 480 of this title, to the appro- priate committees of Congress a notice of the in- tent to undertake the conversion. (d) APPLICATION TO HOUSING LEASED UNDER FORMER AUTHORITY.—This section also shall apply to housing initially acquired or con- structed under the former section 2828(g) of this title (commonly known as the ‘‘Build to Lease program’’), as added by section 801 of the Mili- tary Construction Authorization Act, 1984 (Pub- lic Law 98–115; 97 Stat 782). (Added Pub. L. 110–417, div. B, title XXVIII, § 2803(a), Oct. 14, 2008, 122 Stat. 4719; amended Pub. L. 115–91, div. B, title XXVIII, § 2801(b)(6), Dec. 12, 2017, 131 Stat. 1843; Pub. L. 116–92, div. A, title XVII, § 1731(a)(56), Dec. 20, 2019, 133 Stat. 1815.) Editorial Notes REFERENCES IN TEXT Section 2828(g) of this title (commonly known as the ‘‘Build to Lease program’’), as added by section 801 of the Military Construction Authorization Act, 1984, re- ferred to in subsec. (d), means the subsection (g) added to section 2828 of this title by section 801 of Pub. L. 98–115, which was repealed by Pub. L. 102–190, div. B, title XXVIII, § 2806(b), Dec. 5, 1991, 105 Stat. 1540. AMENDMENTS 2019—Subsec. (c). Pub. L. 116–92 struck out par. (1) designation before ‘‘The Secretary’’. 2017—Subsec. (c). Pub. L. 115–91 substituted ‘‘until after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic me- dium pursuant to section 480 of this title, to the appro- priate committees of Congress a notice of the intent to undertake the conversion.’’ for ‘‘until—’’ and struck out subpars. (A) and (B) which required a notice of in- tent and a wait period and par. (2) which read as fol- lows: ‘‘The notice required by paragraph (1) shall in- clude— ‘‘(A) an explanation of the reasons for the conver- sion of the military family housing to military unac- companied housing; ‘‘(B) a description of the long-term lease to be con- verted; ‘‘(C) amounts to be paid under the lease; and ‘‘(D) the expiration date of the lease.’’ § 2836. Military housing rental guarantee pro- gram (a) AUTHORITY.—Subject to subsection (b), the Secretary of a military department, or the Sec- retary of Homeland Security with respect to the Coast Guard when it is not operating as a serv- ice in the Navy, may enter into an agreement to assure the occupancy of rental housing to be constructed or rehabilitated to residential use by a private developer or by a State or local housing authority on private land, on land owned by a State or local government, or on land owned by the United States, if the housing is to be located on or near a new military instal-