
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4554]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                 CHAPTER 434--ARMAMENTS INDUSTRIAL BASE
 
Sec. 4554. Property management contracts and leases

    (a) In General.--In the case of each eligible facility that is made 
available for the ARMS Initiative, the Secretary--
        (1) shall make full use of facility use contracts, leases, and 
    other such commercial contractual instruments as may be appropriate;
        (2) shall evaluate, on the basis of efficiency, cost, emergency 
    mobilization requirements, and the goals and purposes of the ARMS 
    Initiative, the procurement of services from the property manager, 
    including maintenance, operation, modification, infrastructure, 
    environmental restoration and remediation, and disposal of 
    ammunition manufacturing assets, and other services; and
        (3) may, in carrying out paragraphs (1) and (2)--
            (A) enter into contracts, and provide for subcontracts, for 
        terms up to 25 years, as the Secretary considers appropriate and 
        consistent with the needs of the Department of the Army and the 
        goals and purposes of the ARMS Initiative; and
            (B) use procedures that are authorized to be used under 
        section 2304(c)(5) of this title when the contractor or 
        subcontractor is a source specified in law.

    (b) Consideration for Use.--(1) To the extent provided in a contract 
entered into under this section for the use of property at an eligible 
facility that is accountable under the contract, the Secretary may 
accept consideration for such use that is, in whole or in part, in a 
form other than--
        (A) rental payments; or
        (B) revenue generated at the facility.

    (2) Forms of consideration acceptable under paragraph (1) for a use 
of an eligible facility or any property at an eligible facility include 
the following:
        (A) The improvement, maintenance, protection, repair, and 
    restoration of the facility, the property, or any property within 
    the boundaries of the installation where the facility is located.
        (B) Reductions in overhead costs.
        (C) Reductions in product cost.

    (3) The authority under paragraph (1) may be exercised without 
regard to section 3302(b) of title 31 and any other provision of law.

(Added Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 344(a)(1)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-69.)


                          Implementation Report

    Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 344(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-71, provided that: ``Not later than July 1, 
2001, the Secretary of Defense shall submit to the congressional defense 
committees [Committees on Armed Services and Appropriations of the 
Senate and the House of Representatives] a report on the procedures and 
controls implemented to carry out section 4554 of title 10, United 
States Code, as added by subsection (a).''
