105 STAT. 1542 PUBLIC LAW 102-190—DEC. 5, 1991 "(c) CONTENT OF AGREEMENT.—An agreement under subsection (a)- "(1) may not assure the occupancy of more than 97 percent of the units constructed under the agreement; r- "(2) shall establish initial rental rates that are not more than rates for comparable rental dwelling units in the same general market area and may include an escalation clause; "(3) may apply to existing housing; "(4) shall require that the housing units be constructed— "(A) in the case of a Department of Defense agreement, to Department of Defense specifications or, at the discretion of the Secretary of the military department concerned, in compliance with the local building codes; and "(B) in the case of an agreement for the (Doast Guard, to Department of Transportation specifications; "(5) may not be for a term in excess of 25 years; "(6) may not be renewed unless the project is located on government owned land, in which case the renewal period may not exceed the original contract term; "(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 shortage 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 use for a period of not less than 18 consecutive months immediately 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; "(11) shall include a provision authorizing the Secretary of the military department concerned, or the Secretary of Transportation with respect to the Coast Guard, to take such action as the Secretary considers appropriate to protect the interests of the United States, including rendering the agreement null and void if, in the opinion of the Secretary, the owner of the housing fails to maintain a satisfactory level of operation and maintenance; "(12) may provide in the agreement for the rental of a child care center, civic center building, and similar type buildings constructed for the support of family housing; "(13) may provide that utilities, trash collection, snow removal, and entomological services will be furnished by the Federal Government at no cost to the occupant to the same extent that these items are provided to occupants of housing owned by the Federal Government; and "(14) may require that rent collection and operation and maintenance services in connection with the housing be under the terms of a separate agreement or be carried out by personnel of the Federal Government.
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