10 U.S.C. § 2838 — Leasing of military family housing to Secretary of Defense

(a) Authority .— (1) The Secretary of a military department may lease to the Secretary of Defense military family housing in the National Capital Region (as defined in section 2674(f) of this title ). (2) In determining the military housing unit to lease under this section, the Secretary of Defense should first consider any available military housing units that are already substantially equipped for executive communications and security. (b) Rental Rate .— A lease under subsection (a) must provide for the payment by the Secretary of Defense of consideration in an amount equal to 105 percent of the monthly rate of basic allowance for housing prescribed under section 403(b) of title 37 for a member of the uniformed services in the pay grade of O–10 with dependents assigned to duty at the military installation on which the leased housing unit is located. A rate so established must be treated as the fair market value of the lease interest. (c) Treatment of Proceeds .— (1) The Secretary of a military department must deposit all amounts received under leases entered into by the Secretary under this section into a special account in the Treasury established for such military department. (2) The proceeds deposited into the special account of a military department under paragraph (1) must be available to the Secretary of that military department, without further appropriation, for the maintenance, protection, alteration, repair, improvement, or restoration of military housing on the military installation at which the housing leased under subsection (a) is located.