PUBLIC LAW 98-115—OCT. 11, 1983 97 STAT. 783 negotiated contracting procedures. 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. "(3) Each contract under this subsection shall require that hous- ing units constructed pursuant to the contract shall be constructed to Department of Defense specifications. "(4) A contract under this subsection may be for any period not in excess of 20 years (excluding the period required for construction of the housing facilities). "(5) A contract under this subsection shall provide that, upon the termination of the lease period, the United States shall have the right of first refusal to acquire all right, title, and interest to the housing facilities constructed and leased under the contract. "(6) A contract may not be entered into for the lease of housing facilities under this subsection until— "(A) the Secretary of Defense submits to the appropriate committees of Congress, in writing, an economic 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; and "(B) a period of 21 calendar days has expired following the date on which the economic analysis is received by those com- mittees. "(7) This subsection may be implemented only by a pilot program. In carrying out such pilot program— "(A) the Secretary of each military department may not enter into more than two contracts under this subsection; and "(B) any such contract may not be for more than 300 family housing units. "(8) A contract may not be entered into under this subsection after October 1, 1985.". Contract time limitation. First refusal right. Economic analysis, submittal to congressional committees. Pilot program. MILITARY HOUSING RENTAL GUARANTEE PROGRAM SEC. 802. (a) The Secretary of a military department, under uni- form regulations prescribed by the Secretary of Defense, may enter into an gigreement to Eussure the occupancy of rental housing to be constructed 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 installation or an existing military installation that has a shortsige of housing to meet the requirements of eligible members of the Armed Forces (with or without accompan5ring dependents). An agreement under this sec- tion shall include a provision that the obligation of the United States to make payments under the agreement in any fiscal year is subject to the availability of appropriations for that purpose. (b) An agreement under subsection (a)— (1) may not sissure the occupancy of more than 97 percent of the units constructed under the agreement; (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 for operation and maintenance costs which shall (if included) be effective for the term of agreement; (3) may not apply to existing housing; 10 USC 2821 note. Payments provision. Agreeme nt conditions.
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