10 U.S.C. § 2812 — Lease-purchase of facilities
submitted 37 years ago by Pub. L. 101-189 to r/title-10-ARMED-FORCES · 337 words · no verdicts yet
This section allows the Secretary concerned to lease certain facilities built by private contractors on military installations, with ownership passing to the United States at the end. It sets term, notice, numerical, and funding conditions.
(a) (1) The Secretary concerned* may agree with a private contractor to lease a facility* listed in paragraph (2) if the contractor pays for providing it on a Department of Defense military installation*. (2) The facilities may be administrative offices, troop housing, energy production facilities, utilities including drinking-water and wastewater treatment, hospitals and medical facilities, temporary quarters, depots or storage facilities, child-care centers, and classrooms and laboratories.
(b) A lease under subsection (a) (1) may last no more than 32 years; (2) must state that ownership passes to the United States when the lease ends; and (3) must contain other terms the Secretary considers needed or desirable to protect United States interests.
(c) (1) The Secretary may enter the lease only after 14 days have passed since submitting electronically under section 480 a justification to the appropriate congressional committees. The justification must explain the need and include an accepted life-cycle cost analysis showing that the lease is cost-effective compared with building the same facility. (2) Each Secretary may enter no more than 3 such leases in fiscal year 1990 and no more than 5 in each of fiscal years 1991 and 1992.
(d) Every lease must state that United States payments in a fiscal year depend on appropriations being available for that purpose.
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.
The facilities that may be leased pursuant to paragraph (1) are as follows:
Administrative office facilities.
Troop housing facilities.
Energy production facilities.
Utilities, including potable and waste water treatment facilities.
Hospital and medical facilities.
Transient quarters.
Depot or storage facilities.
Child care centers.
Classroom and laboratories.
Leases entered into under subsection (a)—
may not exceed a term of 32 years;
shall provide that, at the end of the term of the lease, title to the leased facility shall vest in the United States; and
shall include such other terms and conditions as the Secretary concerned determines are necessary or desirable to protect the interests of the United States.
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.
Each Secretary concerned may, under this section, enter into—
not more than three leases in fiscal year 1990; and
not more than five leases in each of the fiscal years 1991 and 1992.
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.
Source credit: (Added Pub. L. 101–189, div. B, title XXVIII, § 2809(a), Nov. 29, 1989, 103 Stat. 1649; amended Pub. L. 101–510, div. B, title XXVIII, § 2864, Nov. 5, 1990, 104 Stat. 1806; Pub. L. 108–136, div. A, title X, § 1031(a)(39), Nov. 24, 2003, 117 Stat. 1601; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(9), Dec. 12, 2017, 131 Stat. 1841.)
- 1989Enacted · Pub. L. 101-189 · 103 Stat. 1649
- 1990Amended · Pub. L. 101-510 · 104 Stat. 1806
- 2003Amended · Pub. L. 108-136 · 117 Stat. 1601
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1841
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-189 on 1989-11-29.
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