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10 U.S.C. § 3675 — Capital lease or lease-purchase treated as an acquisition

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3675 — Capital lease or lease-purchase treated as an acquisition

**(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 January 6, 2006.

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Source location: Title 10, Chapter 257, § 3675; chapter-257-contracts-for-long-term-lease-or-charter-of-vessels-aircraft-and-combat-vehicles.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2401 — Transferred]

### Statutory Notes #### Codification Subsecs. (a) to (h) of this section were transferred to chapter 257 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsecs. (a) and (b) of this section were renumbered as [section 3671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3671&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(b), Jan. 1, 2021, 134 Stat. 4206. Subsec. (c)(1) of this section was renumbered as [section 3672(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3672/a&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(d), Jan. 1, 2021, 134 Stat. 4207. Subsec. (c)(2) of this section was renumbered as [section 3673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3673&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(c), Jan. 1, 2021, 134 Stat. 4206. Subsec. (d) of this section was renumbered as [section 3674 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3674&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(f)(1), Jan. 1, 2021, 134 Stat. 4207. Subsec. (e) of this section was renumbered as [section 3672(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3672/b&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(e), Jan. 1, 2021, 134 Stat. 4207. Subsec. (f) of this section was renumbered as [section 3675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3675&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(g)(1), Jan. 1, 2021, 134 Stat. 4208. Subse

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8633 — Auxiliary vessels: extended lease authority

**(a) Authorized Contracts.—** Subject to subsection (b), the Secretary of the Navy may enter into contracts with private United States shipyards for the construction of new surface vessels to be acquired on a long-term lease basis by the United States from the shipyard or other private person for any of the following: (1) The combat logistics force of the Navy. (2) The strategic sealift force of the Navy. (3) Other auxiliary support vessels for the Department of Defense. **(b) Contracts Required To Be Authorized by Law.—** A contract may be entered into under subsection (a) with respect to a specific vessel only if the Secretary is specifically authorized by law to enter into such a contract with respect to that vessel. As part of a request to Congress for enactment of any such authorization by law, the Secretary of the Navy shall provide to Congress the Secretary’s findings under subsection (g). **(c) Term of Contract.—** In this section, the term “long-term lease” means a lease, bareboat charter, or conditional sale agreement with respect to a vessel the term of which (including any option period) is for a period of 20 years or more. **(d) Option To Buy.—** A contract entered into under subsection (a) may include options for the United States to purchase one or more of the vessels covered by the contract at any time during, or at the end of, the contract period (including any option period) upon payment of an amount equal to the lesser of (1) the unamortized portion of the cost of the vessel plus amounts incurred in connection with the termination of the financing arrangements associated with the vessel, or (2) the fair market value of the vessel. **(e) Domestic Construction.—** The Secretary shall require in any contract entered into under this section that e

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3675 — Capital lease or lease-purchase treated as

Page 2522 TITLE 10—ARMED FORCES § 3675 provisions as par. (1)(A)(i) and (ii) and (B), respectively, redesignated subpar. (B)(i) and (ii) and its concluding provisions as par. (2)(A)(i) and (ii) and (B), respectively, and inserted par. headings. Subsec. (a)(1)(A). Pub. L. 116–283, § 1825(f)(2)(A), (B), substituted ‘‘In this chapter’’ for ‘‘In this section’’ and ‘‘paragraph (2)’’ for ‘‘subparagraph (B)’’ in introductory provisions. Subsec. (b). Pub. L. 116–283, § 1825(f)(3), after redesig- nation of section 2401(d)(2) of this title as subsec. (b) of this section, inserted heading, substituted ‘‘this chap- ter’’ for ‘‘this section’’ in introductory provisions, and redesignated subpar. (A) as par. (1) and subpar. (B) and its cls. (i) and (ii) as par. (2) and subpars. (A) and (B), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 3675. Capital lease or lease-purchase treated as an acquisition (a) IN GENERAL.—If a lease or charter covered by this chapter is a capital lease or a lease-pur- chase— (1) the lease or charter shall be treated as an acquisition and shall be subject to all applica- ble 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

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