Page:United States Statutes at Large Volume 105 Part 2.djvu/587

 PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1539 SEC. 2806. LONG-TERM BUILD TO LEASE AUTHORITY FOR MILITARY FAMILY HOUSING. (a) MODIFICATION AND PERMANENT EXTENSION OF TEST PRO- GRAM.—(1) Subchapter II of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: "§ 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 CON- TRACTS. —(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—

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