
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2812]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                   SUBCHAPTER I--MILITARY CONSTRUCTION
 
Sec. 2812. Lease-purchase of facilities

    (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 not enter into a lease under this 
section until--
        (A) the Secretary submits to the appropriate committees of 
    Congress a justification of the need for the facility for which the 
    proposed lease is being entered into and 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; and
        (B) a period of 21 days has expired following the date on which 
    the justification and economic analysis are received by the 
    committees.

    (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.

(Added Pub. L. 101-189, div. B, title XXVIII, Sec. 2809(a), Nov. 29, 
1989, 103 Stat. 1649; amended Pub. L. 101-510, div. B, title XXVIII, 
Sec. 2864, Nov. 5, 1990, 104 Stat. 1806.)


                               Amendments

    1990--Subsec. (a)(2)(I). Pub. L. 101-510 added subpar. (I).
