§2812 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary in charge can make a lease with a private contractor when the contractor pays to build a facility on a Department of Defense base. Allowed facility types include offices, troop housing, energy and utility plants, hospitals and medical buildings, temporary quarters, depots or storage, child care centers, and classrooms and labs. Leases can be up to 32 years. Ownership of the facility must transfer to the United States at the end of the lease. The lease must protect U.S. interests. The Secretary can only sign a lease after 14 days from sending an electronic justification and an economic analysis using accepted life-cycle costing methods to the proper congressional committees under section 480. No more than three leases are allowed in fiscal year 1990 and no more than five in each of fiscal years 1991 and 1992. Each lease must say that U.S. payments depend on available appropriations each year.

Title 10, §2812

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary concerned may enter into an agreement with a private contractor for the lease of a facility of the kind specified in paragraph (2) if the facility is provided at the expense of the contractor on a military installation under the jurisdiction of the Department of Defense.

(2)The facilities that may be leased pursuant to paragraph (1) are as follows:

(A)Administrative office facilities.

(B)Troop housing facilities.

(C)Energy production facilities.

(D)Utilities, including potable and waste water treatment facilities.

(E)Hospital and medical facilities.

(F)Transient quarters.

(G)Depot or storage facilities.

(H)Child care centers.

(I)Classroom and laboratories.

(b)Leases entered into under subsection (a)—

(1)may not exceed a term of 32 years;

(2)shall provide that, at the end of the term of the lease, title to the leased facility shall vest in the United States; and

(3)shall include such other terms and conditions as the Secretary concerned determines are necessary or desirable to protect the interests of the United States.

(c)(1)The Secretary concerned may enter into a lease under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justification of the need for the facility covered by the proposed lease, including an economic analysis (based upon accepted life-cycle costing procedures) that demonstrates the cost effectiveness of the proposed lease compared with a military construction project for the same facility.

(2)Each Secretary concerned may, under this section, enter into—

(A)not more than three leases in fiscal year 1990; and

(B)not more than five leases in each of the fiscal years 1991 and 1992.

(d)Each lease entered into under this section shall include a provision that the obligation of the United States to make payments under the lease in any fiscal year is subject to the availability of appropriations for that purpose.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (c)(1). Pub. L. 115–91 added par. (1) and struck out former par. (1) which set out justification, economic analysis, and wait requirements for entering into a lease. 2003—Subsec. (c)(1)(B). Pub. L. 108–136 inserted before period at end “or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification and economic analysis are provided in an electronic medium pursuant to section 480 of this title”. 1990—Subsec. (a)(2)(I). Pub. L. 101–510 added subpar. (I).

§2812 Lease-purchase of Facilities

Summary

Title 10, §2812

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata