Title 10 — Armed Forces
Part V · Chapter 257 — Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat Vehicles
§ 3672. Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and combat vehicles
Statutory text
Limitation.—
Funds may not be appropriated for any fiscal year to or for any armed force or obligated or expended for—
the long-term lease or charter of any aircraft, naval vessel, or combat vehicle; or
for the lease or charter of any aircraft, naval vessel, or combat vehicle the terms of which provide for a substantial termination liability on the part of the United States,
unless funds for that purpose have been specifically authorized by law.
Matter to Be Submitted to Congress.—
Whenever a request is submitted to Congress for the authorization of the long-term lease or charter of aircraft, naval vessels, or combat vehicles or for the authorization of a lease or charter of aircraft, naval vessels, or combat vehicles which provides for a substantial termination liability on the part of the United States, the Secretary of Defense shall submit with that request an analysis of the cost to the United States (including lost tax revenues) of any such lease or charter arrangement compared with the cost to the United States of direct procurement of the aircraft, naval vessels, or combat vehicles by the United States.
Any such analysis shall be reviewed and evaluated by the Director of the Office of Management and Budget and the Secretary of the Treasury within 30 days after the date on which the request and analysis are submitted to Congress. The Director and Secretary shall conduct such review and evaluation on the basis of the guidelines issued pursuant to section 3676 of this title and shall report to Congress in writing on the results of their review and evaluation at the earliest practicable date, but in no event more than 45 days after the date on which the request and analysis are submitted to the Congress.
Whenever a request is submitted to Congress for the authorization of funds for the Department of Defense for the long-term lease or charter of aircraft, naval vessels, or combat vehicles authorized under this chapter, the Secretary of Defense—
shall indicate in the request what portion of the requested funds is attributable to capital-hire; and
shall reflect such portion in the appropriate procurement account in the request.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1825(a) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3672
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (d), (e), Jan. 1, 2021, 134 Stat. 4206, 4207.)
Source evidence
Code source credit
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (d), (e), Jan. 1, 2021, 134 Stat. 4206, 4207.)Enacted provision · exact public law section
(a) New Chapters.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by inserting after chapter 255 the following new chapters: “CHAPTER 257— CONTRACTS FOR LONG-TERM LEASE OR CHARTER OF VESSELS, AIRCRAFT, AND COMBAT VEHICLES “Sec. “3671. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles. “3672. Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and combat vehicles. “3673. Limitation on indemnification. “3674. Long-term lease or charter defined; substantial termination liability. “3675. Capital lease or lease-purchase treated as an acquisition. “3676. Guidelines. “3677. Contracts for lease or use of vessels for a term of greater than two years but less than five years: prior notice to congressional committees. “3678. Contracts with terms of 18 months or more: limitation. “§ 3671. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles “§ 3672. Requirement of specific authorization by law for appropriation, and for obligation and expenditure, of funds for certain contracts relating to aircraft, naval vessels, and combat vehicles “§ 3673. Limitation on indemnification “§ 3674. Long-term lease or charter defined; substantial termination liability “§ 3675. Capital lease or lease-purchase treated as an acquisition “§ 3676. Guidelines “§ 3677. Contracts for lease or use of vessels for a term of greater than two years but less than five years: prior notice to congressional committees “§ 3678. Contracts with terms of 18 months or more: limitation “CHAPTER 258— OTHER TYPES OF CONTRACTS USED FOR PROCUREMENTS FOR PARTICULAR PURPOSES “Sec. “3681. Leasing of commercial vehicles and equipment. “§ 3681. Leasing of commercial vehicles and equipment” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1825(d) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3672(a)
Pub. L. 116–283, § 1825(d), after transfer of par. (2) of section 2401(c) of this title to section 3673 of this title, redesignated remainder of subsec. (c) of section 2401 of this title as subsec. (a) of this section
Inserted · 10 U.S.C. § 3672(a)
Pub. L. 116–283, § 1825(d), after transfer of par. (2) of section 2401(c) of this title to section 3673 of this title, inserted heading
Struck · 10 U.S.C. § 3672(a)
Pub. L. 116–283, § 1825(d), after transfer of par. (2) of section 2401(c) of this title to section 3673 of this title, struck out par. (1) designation before “Funds may not”
Redesignated · 10 U.S.C. § 3672(a)
Pub. L. 116–283, § 1825(d), after transfer of par. (2) of section 2401(c) of this title to section 3673 of this title, redesignated subpars. (A) and (B) of such former par. (1) as pars. (1) and (2), respectively
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1825(d), after transfer of par. (2) of section 2401(c) of this title to section 3673 of this title, redesignated remainder of subsec. (c) of section 2401 of this title as subsec. (a) of this section, inserted heading, struck out par. (1) designation before “Funds may not”, and redesignated subpars. (A) and (B) of such former par. (1) as pars. (1) and (2), respectively.Enacted provision · exact public law section
(d) Transfer of Subsection (c)(1) of Section 2401.— Subsection (c) of such section 2401 (as amended by subsection (c)), is transferred to section 3672 of such title, as added by subsection (a), inserted after the section heading, redesignated as subsection (a), and amended— (1) by striking “(1) Funds may not” and inserting “Limitation.—Funds may not”; and (2) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1825(e) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3672(b)
Pub. L. 116–283, § 1825(e), redesignated subsec. (e) of section 2401 of this title as subsec. (b) of this section
Inserted · 10 U.S.C. § 3672(b)
Pub. L. 116–283, § 1825(e), inserted heading
Substituted · 10 U.S.C. § 3672(b)
Pub. L. 116–283, § 1825(e), substituted “section 3676 of this title” for “subsection (g)” in introductory provisions of par. (3)
Substituted · 10 U.S.C. § 3672(b)
Pub. L. 116–283, § 1825(e), substituted “this chapter” for “this section” in introductory provisions of par. (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1825(e), redesignated subsec. (e) of section 2401 of this title as subsec. (b) of this section, inserted heading, and substituted “section 3676 of this title” for “subsection (g)” in par. (2) and “this chapter” for “this section” in introductory provisions of par. (3).Enacted provision · exact public law section
(e) Transfer of Subsection (e) of Section 2401.— Subsection (e) of section 2401 of such title, is transferred to section 3672 of such title, as added by subsection (a), inserted after subsection (a), as transferred and redesignated by subsection (d), redesignated as subsection (b), and amended— (1) by striking “(1) Whenever a request” and inserting “Matter to Be Submitted to Congress.—(1) Whenever a request”; (2) in paragraph (2), by striking “subsection (g)” and inserting “section 3676 of this title”; and (3) in paragraph (3), by striking “this section” and inserting “this chapter”.
9 of 9 references resolved to an enrolled provision
Editorial Notes
Codification
The text of par. (1) of subsec. (c) of section 2401 of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Pub. L. 116–283, § 1825(d), was based on Pub. L. 98–94, title XII, § 1202(a)(1), , 97 Stat. 679; Pub. L. 98–525, title XII, § 1232(a)(1), , 98 Stat. 2600; Pub. L. 109–163, div. A, title VIII, § 815(a)(2), , 119 Stat. 3381.
The text of subsec. (e) of section 2401 of this title, which was transferred to this section, redesignated as subsec. (b), and amended by Pub. L. 116–283, § 1825(e), was based on Pub. L. 98–94, title XII, § 1202(a)(1), , 97 Stat. 679; Pub. L. 109–163, div. A, title VIII, § 815(a)(3), , 119 Stat. 3381; Pub. L. 116–92, div. A, title XVII, § 1731(a)(48), , 133 Stat. 1815.
Amendments
2021—Subsec. (a). Pub. L. 116–283, § 1825(d), after transfer of par. (2) of section 2401(c) of this title to section 3673 of this title, redesignated remainder of subsec. (c) of section 2401 of this title as subsec. (a) of this section, inserted heading, struck out par. (1) designation before “Funds may not”, and redesignated subpars. (A) and (B) of such former par. (1) as pars. (1) and (2), respectively.
Subsec. (b). Pub. L. 116–283, § 1825(e), redesignated subsec. (e) of section 2401 of this title as subsec. (b) of this section, inserted heading, and substituted “section 3676 of this title” for “subsection (g)” in par. (2) and “this chapter” for “this section” in introductory provisions of par. (3).
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Credits
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (d), (e), , 134 Stat. 4206, 4207.)