---
kind: "section"
citation: "10 U.S.C. § 2812"
title: "10"
title_heading: "Armed Forces"
number: "2812"
heading: "Lease-purchase of facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2812"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 169 — Military Construction and Military Family Housing"
  - "Subchapter I — Military Construction"
---

# §2812. Lease-purchase of facilities

- (a)
  - (1) The [Secretary concerned](/usc/10/2801.md?p=c-5) may enter into an agreement with a private contractor for the lease of a [facility](/usc/10/2700.md?p=2) of the kind specified in [paragraph (2)](#a-2) if the [facility](/usc/10/2700.md?p=2) is provided at the expense of the contractor on a [military installation](/usc/10/2801.md?p=c-4) under the jurisdiction of the [Department](/usc/10/101.md?p=a-6) of Defense.
  - (2) The [facilities](/usc/10/2700.md?p=2) that may be leased pursuant to [paragraph (1)](#a-1) are as follows:
    - (A) Administrative office [facilities](/usc/10/2700.md?p=2).
    - (B) Troop housing [facilities](/usc/10/2700.md?p=2).
    - (C) Energy production [facilities](/usc/10/2700.md?p=2).
    - (D) Utilities, including potable and waste water treatment [facilities](/usc/10/2700.md?p=2).
    - (E) Hospital and medical [facilities](/usc/10/2700.md?p=2).
    - (F) Transient quarters.
    - (G) Depot or storage [facilities](/usc/10/2700.md?p=2).
    - (H) [Child](/usc/10/1072.md?p=6) care centers.
    - (I) Classroom and laboratories.
- (b) Leases entered into under [subsection (a)](#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](/usc/10/2700.md?p=2) shall vest in the [United States](/usc/10/101.md?p=a-1); and
  - (3) shall include such other terms and conditions as the [Secretary concerned](/usc/10/2801.md?p=c-5) determines are necessary or desirable to protect the interests of the [United States](/usc/10/101.md?p=a-1).
- (c)
  - (1) The [Secretary concerned](/usc/10/2801.md?p=c-5) 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](/usc/10/4951.md?p=3) submits, in an electronic medium pursuant to [section 480 of this title](/usc/10/480.md), to the [appropriate committees of Congress](/usc/10/301.md?p=1) a justification of the need for the [facility](/usc/10/2700.md?p=2) 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](/usc/10/2801.md?p=a) project for the same [facility](/usc/10/2700.md?p=2).
  - (2) Each [Secretary concerned](/usc/10/2801.md?p=c-5) 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](/usc/10/101.md?p=a-1) 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.)

## Notes

### Editorial Notes

### Amendments

2017—Subsec. (c)(1). Pub. L. 115–91 added par. (1) and struck out former par. (1) which set out justification, economic analysis, and wait requirements for entering into a lease.

2003—Subsec. (c)(1)(B). Pub. L. 108–136 inserted before period at end “or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification and economic analysis are provided in an electronic medium pursuant to section 480 of this title”.

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