MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY OF THE MILITARY DEPARTMENTS.

SEC. 2823. MODIFICATION OF AUTHORITY TO LEASE NON-EXCESS PROPERTY OF THE MILITARY DEPARTMENTS.(a) Elimination of Authority to Accept Facilities Operation Support as In-Kind Consideration.—Subsection (c)(1) of section 2667 of title 10, United States Code, is amended—(1) by redesignating subparagraph (E) as subparagraph (F); and(2) by striking subparagraph (D) and inserting the following new subparagraphs:“(D) Provision or payment of utility services for the Secretary concerned.“(E) Provision of real property maintenance services for the Secretary concerned.”.(b) Elimination of Authority to Use Rental and Certain Other Proceeds for Facilities Operation Support.—Subsection (e)(1)(C) of such section is amended—(1) by adjusting the margins of clauses (ii) and (iii) to conform to the margin of clause (i); and(2) by striking clause (iv) and inserting the following new clauses:“(iv) Payment of utility services.“(v) Real property maintenance services.”.(c) Use of Competitive Procedures for Selection of Certain Lessees.—Subsection (h) of such section is amended—(1) in paragraph (1), by striking “exceeds one year, and the fair market value of the lease” and inserting “exceeds one year, or the fair market value of the lease”;(2) by redesignating paragraph (3) as paragraph (4); and(3) by striking paragraph (2) and inserting the following new paragraphs:“(2) Paragraph (1) does not apply if the Secretary concerned determines that—“(A) a public interest will be served as a result of the lease; and122 STAT. 545“(B) the use of competitive procedures for the selection of certain lessees is unobtainable or not compatible with the public benefit served under subparagraph (A).“(3) Not later than 45 days before entering into a lease described in paragraph (1), the Secretary concerned shall submit to Congress written notice describing the terms of the proposed lease and—“(A) the competitive procedures used to select the lessee; or“(B) in the case of a lease involving the public benefit exception authorized by paragraph (2), a description of the public benefit to be served by the lease.”.(d) Technical Amendments Related to Prior-Year Amendment.—Subsection (e) of such section is amended—(1) in paragraph (1)(B)(ii), by striking “paragraph (4), (5), or (6)” and inserting “paragraph (3), (4), or (5)”; and(2) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5).