# § 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 enter into a lease under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a justification of the need for the facility 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 project for the same facility.
**(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.
---
**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.)
## Editorial Notes
### Amendments
2017—Subsec. (c)(1). 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). 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 ”.
1990—Subsec. (a)(2)(I). added subpar. (I).