Page:United States Statutes at Large Volume 97.djvu/816

 97 STAT. 784 PUBLIC LAW 98-115—OCT. 11, 1983 Economic analysis, submittal to congressional committees. Pilot program. (4) shall require that the housing units be constructed to Department of Defense specifications; (5) may not be for a term in excess of 15 years; (6) may not renewed; (7) may not assure more than an amount equivalent to the shelter rent of the housing units, determined on the basis of amortizing initial construction costs; (8) may only be entered into to the extent that there is a validated deficit in military family housing; (9) may only be entered into if existing military-controlled housing at all installations in the commuting area (except for a new installation or an installation for which there is projected a significant increase in the number of families due to an increase in the number of authorized personnel) has exceeded 97 percent usc for a period of not less than 18 consecutive months immedi- ately preceding the date on which the agreement is entered into, excluding units temporarily inactivated for major repair or improvements; (10) shall provide for priority of occupancy for military families; and (11) shall include a clause rendering the agreement null and void if, in the opinion of the Secretary of the military depart- ment concerned, the owner of the housing fails to maintain a satisfactory level of operation and maintenance. (c) An agreement under subsection (a) shall be made through the use of publicly advertised, competitively bid or competitively negoti- ated procedures. (d) An agreement may not be entered into under subsection (a) until— (1) the Secretary of Defense submits to the appropriate com- mittees of Congress, in writing, an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed agreement is cost effective when compared with alternative means of furnishing the same housing facili- ties; and (2) a period of 21 calendar days has expired following the date on which the economic analysis is received by those committees. (e) The Secretary concerned may require that disputes arising under an agreement entered into under subsection (a) be decided in accordance with the procedures provided for by the Contract Dis- putes Act of 1978 (41 U.S.C. 601 et seq.). (f) This section may be implemented only by a pilot program. In carrying out such pilot program— (1) the Secretary of each military department may not enter into more than two agreements under this section; and (2) the Secretary of a military department may not enter into such an agreement for more than 300 family housing units at one location. (g) An agreement may not be entered into under this section after September 30, 1985. 10 USC 2821 note. FAMILY HOUSING CONSTRUCTED OVERSEAS SEC. 803. (a) The Secretary of Defense shall ensure that any contract entered into for the construction of military family housing for the Department of Defense in a foreign country shall require the

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