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Title 10 — Armed Forces

Part V · Chapter 257 — Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat Vehicles

§ 3675. Capital lease or lease-purchase treated as an acquisition

Statutory text

(a)

In General.—

If a lease or charter covered by this chapter is a capital lease or a lease-purchase—

(1)

the lease or charter shall be treated as an acquisition and shall be subject to all applicable statutory and regulatory requirements for the acquisition of aircraft, naval vessels, or combat vehicles; and

(2)

funds appropriated to the Department of Defense for operation and maintenance may not be obligated or expended for the lease or charter.

(b)

Definitions.—

In this section, the terms “capital lease” and “lease-purchase” have the meanings given those terms in Appendix B to Office of Management and Budget Circular A–11, as in effect on .

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.

  1. 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. § 3675

    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (g), Jan. 1, 2021, 134 Stat. 4206, 4208.)

    Source evidence

    Code source credit
    (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (g), Jan. 1, 2021, 134 Stat. 4206, 4208.)

    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” .

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1825(g)(1)(A) · 134 Stat. 3388

    1. Struck · 10 U.S.C. § 3675

      Pub. L. 116–283, § 1825(g)(1)(A), transferred subsec. (f) of section 2401 of this title to this section, struck out subsec. (f) designation at beginning

    2. Redesignated · 10 U.S.C. § 3675

      Pub. L. 116–283, § 1825(g)(1)(A), transferred subsec. (f) of section 2401 of this title to this section, redesignated pars. (1) and (2) of such former subsec. (f) as subsecs. (a) and (b), respectively

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1825(g)(1)(A), transferred subsec. (f) of section 2401 of this title to this section, struck out subsec. (f) designation at beginning, and redesignated pars. (1) and (2) of such former subsec. (f) as subsecs. (a) and (b), respectively.

    Enacted provision · exact public law section
    (A) by striking the subsection designation; and

  3. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1825(g)(2) · 134 Stat. 3388

    1. Redesignated · 10 U.S.C. § 3675(a)

      Pub. L. 116–283, § 1825(g)(2), after redesignation of section 2401(f)(1) of this title as subsec. (a) of this section, inserted heading

    2. Redesignated · 10 U.S.C. § 3675(a)

      Pub. L. 116–283, § 1825(g)(2), after redesignation of section 2401(f)(1) of this title as subsec. (a) of this section, substituted “this chapter” for “this section” in introductory provisions

    3. Redesignated · 10 U.S.C. § 3675(a)

      Pub. L. 116–283, § 1825(g)(2), after redesignation of section 2401(f)(1) of this title as subsec. (a) of this section, redesignated subpars. (A) and (B) as pars. (1) and (2), respectively

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 1825(g)(2), after redesignation of section 2401(f)(1) of this title as subsec. (a) of this section, inserted heading, substituted “this chapter” for “this section” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

    Enacted provision · exact public law section
    (2) Amendments to new 3675(a).— Subsection (a) of such section 3675, as so redesignated, is amended— (A) inserting “In General.—” before “If a lease or charter”; (B) by striking “this section” and inserting “this chapter”; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1825(g)(3) · 134 Stat. 3388

    1. Redesignated · 10 U.S.C. § 3675(b)

      Pub. L. 116–283, § 1825(g)(3), after redesignation of section 2401(d)(2) of this title as subsec. (b) of this section, inserted heading

    2. Redesignated · 10 U.S.C. § 3675(b)

      Pub. L. 116–283, § 1825(g)(3), after redesignation of section 2401(d)(2) of this title as subsec. (b) of this section, substituted “In this section” for “In this subsection”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283, § 1825(g)(3), after redesignation of section 2401(d)(2) of this title as subsec. (b) of this section, inserted heading and substituted “In this section” for “In this subsection”.

    Enacted provision · exact public law section
    (3) Amendments to new 3675(b).— Subsection (b) of such section 3675, as so redesignated, is amended by striking “In this subsection” and inserting “Definitions.—In this section”.

8 of 8 references resolved to an enrolled provision

Editorial Notes

Codification

The text of subsec. (f) of section 2401 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1825(g), was based on Pub. L. 109–163, div. A, title VIII, § 815(c)(2), , 119 Stat. 3382; Pub. L. 111–84, div. A, title X, § 1073(a)(24), , 123 Stat. 2473.

Amendments

2021—Pub. L. 116–283, § 1825(g)(1)(A), transferred subsec. (f) of section 2401 of this title to this section, struck out subsec. (f) designation at beginning, and redesignated pars. (1) and (2) of such former subsec. (f) as subsecs. (a) and (b), respectively.

Subsec. (a). Pub. L. 116–283, § 1825(g)(2), after redesignation of section 2401(f)(1) of this title as subsec. (a) of this section, inserted heading, substituted “this chapter” for “this section” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively.

Subsec. (b). Pub. L. 116–283, § 1825(g)(3), after redesignation of section 2401(d)(2) of this title as subsec. (b) of this section, inserted heading and substituted “In this section” for “In this subsection”.

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), (g), , 134 Stat. 4206, 4208.)

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USLM identifier /us/usc/t10/s3675