123STA T . 2 6 6 7PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Homec o nsid e r si ta d v anta g eo u stot h e R etirement Home , the S ec - retar y o fD efense ( acting on b eha l fofthe C hief Op erating Officer ) may lease to such lessee and upon such terms as the Secretary considers w ill promote the purpose and financial stability of the Retirement Home or be in the public interest, real or personal property that is —‘ ‘( A ) under the control of the Retirement Home
and ‘‘( B )note x cess property (as defined by section 102 of title 4 0, U nited States Code) sub j ect to disposal under subsection (e)( 3 ) . ‘‘(2) A lease under this subsection— ‘‘(A) may not be for more than five years, unless the Chief Operating Officer determines that a lease for a longer period will promote the purpose and financial stability of the Retire- ment Home or be in the public interest; ‘‘(B) may give the lessee the first right to buy the property if the lease is revo k ed to allow the United States to sell the property under any other provision of law; ‘‘(C) shall permit the Chief Operating Officer to revoke the lease at any time, unless the Chief Operating Officer deter- mines that the omission of such a provision will promote the purpose and financial stability of the Retirement Home or be in the public interest; ‘‘(D) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Chief Operating Officer ; and ‘‘( E ) may provide, notwithstanding section 1302 of title 40, United States Code, or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consider- ation for the lease. ‘‘(3) I n addition to any in-kind consideration accepted under subparagraph (D) or (E) of paragraph (2), in-kind consideration accepted with respect to a lease under this subsection may include the following
‘‘(A) M aintenance, protection, alteration, repair, improve- ment, or restoration (including environmental restoration) of property or facilities of the Retirement Home. ‘‘(B) Construction of new facilities for the Retirement Home. ‘‘(C) P rovision of facilities for use by the Retirement Home. ‘‘(D) F acilities operation support for the Retirement Home. ‘‘(E) Provision of such other services relating to activities that will occur on the leased property as the Chief Operating Officer considers appropriate. ‘‘(4) In-kind consideration under paragraph (3) may be accepted at any property or facilities of the Retirement Home that are selected for that purpose by the Chief Operating Officer. ‘‘( 5 ) In the case of a lease for which all or part of the consider- ation proposed to be accepted under this subsection is in-kind consideration with a value in excess of $ 500,000, the Secretary of Defense may not enter into the lease on behalf of the Chief Operating Officer until at least 30 days after the date on which a report on the facts of the lease is submitted to Congress. T his paragraph does not apply to a lease covered by paragraph ( 6 ). ‘‘(6)(A) If a proposed lease under this subsection involves only personal property, the lease term exceeds one year, or the fair Det e rmina ti o n .T ime p erio d . Determination s .
