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10 U.S.C. § 3678 — Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(6), Dec. 18, 2025, 139 Stat. 948]

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

10 U.S.C. § 3678 — Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(6), Dec. 18, 2025, 139 Stat. 948]

### Statutory Notes Section, added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (j), Jan. 1, 2021, 134 Stat. 4206, 4208, related to contracts with terms of 18 months or more: limitation. #### Leases for Tanker Aircraft Under Multiyear Aircraft-Lease Pilot Program Pub. L. 107–314, div. A, title I, § 133, Dec. 2, 2002, 116 Stat. 2477, which provided that the Secretary of the Air Force could not enter into a lease for the acquisition of tanker aircraft for the Air Force under section 8159 of div. A of Pub. L. 107–117 ([10 U.S.C. 3671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3671&num=0&edition=prelim) note) until certain requirements were met, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(19)(A), Dec. 18, 2025, 139 Stat. 949.

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Source location: Title 10, Chapter 257, § 3678; 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. § 3671 — Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles

**(a)** (1) The Secretary of a military department may make a contract for the lease of a vessel, aircraft, or combat vehicle or for the provision of a service through use by a contractor of a vessel, aircraft, or combat vehicle only as provided in subsection (b) if— (A) the contract will be a long-term lease or charter; or (B) the terms of the contract provide for a substantial termination liability on the part of the United States. (2) The Secretary of a military department may make a contract that is an agreement to lease or charter or an agreement to provide services and that is (or will be) accompanied by a contract for the actual lease, charter, or provision of services only as provided in subsection (b) if the contract for the actual lease, charter, or provision of services is (or will be) a contract described in paragraph (1). **(b)** (1) The Secretary may make a contract described in subsection (a)(1) if— (A) the Secretary has been specifically authorized by law to make the contract; (B) before a solicitation for proposals for the contract was issued the Secretary notified the congressional defense committees of the Secretary’s intention to issue such a solicitation; (C) the Secretary has notified those committees of the proposed contract and provided a detailed description of the terms of the proposed contract and a justification for entering into the proposed contract rather than providing for the lease, charter, or services involved through purchase of the vessel, aircraft, or combat vehicle to be used under the contract, and a period of 30 days of continuous session of Congress has expired following the date on which notice was received by such committees; and (D) the Secretary has certified to those committees— (i) that entering

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

10 U.S.C. § 2401a — Transferred]

### Statutory Notes #### Codification Subsec. (a) of this section was transferred to chapter 258 of this title and subsec. (b) of this section was transferred to chapter 257 of this title by Pub. L. 116–283, div. A, title XVIII, § 1825(a), Jan. 1, 2021, 134 Stat. 4205. Subsec. (a) of this section was renumbered as [section 3681 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3681&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(k), Jan. 1, 2021, 134 Stat. 4208. Subsec. (b) of this section was renumbered as [section 3678 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3678&num=0&edition=prelim) by Pub. L. 116–283, div. A, title XVIII, § 1825(j), Jan. 1, 2021, 134 Stat. 4208. #### Prior Provisions A prior section 2401a was renumbered [section 2350f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350f&num=0&edition=prelim).

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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. § 3671 — Requirement for authorization by law of

Page 2519 TITLE 10—ARMED FORCES § 3671 for the Department of Defense, for purposes other than engaging in the operation or maintenance of the vessel; and ‘‘(B) the individual— ‘‘(i) accompanies, supervises, guards, or main- tains unit equipment aboard a ship, commonly re- ferred to as supercargo personnel; ‘‘(ii) is one of the force protection personnel of the vessel; ‘‘(iii) is a specialized repair technician; or ‘‘(iv) is otherwise required by the Secretary of Defense to be aboard the vessel. ‘‘(2) BACKGROUND CHECK.— ‘‘(A) IN GENERAL.—This section shall not apply to an individual unless— ‘‘(i) the name and other necessary identifying information for the individual is submitted to the Secretary for a background check; and ‘‘(ii) except as provided in subparagraph (B), the individual successfully passes a background check by the Secretary prior to going aboard the vessel. ‘‘(B) WAIVER.—The Secretary may waive the ap- plication of subparagraph (A)(ii) for an individual who holds a merchant mariner’s document issued under chapter 73 of title 46, United States Code, or a transportation security card issued under section 70105 of such title. ‘‘(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN ADDI- TION TO THE CREW.—An individual who, under para- graph (1), is not treated as a riding gang member shall not be counted as an individual in addition to the crew for the purposes of section 3304 of title 46, United States Code.’’ [Amendments made by Pub. L. 117–263 to section 70105 of Title 46, Shipping, referred to in section 1018(a)(2), (b)(2)(B) of Pub. L. 109–364, set out above, are such that section 70105 now refers to ‘‘transportation worker identification credential’’ rather than ‘‘transportation security card’’. See section 70105 of Title 46.] §

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

10 U.S.C. § 3678 — Contracts with terms of 18 months or

Page 2523 TITLE 10—ARMED FORCES § 3678 (C) a plan for meeting the requirement provided by the proposed contract upon com- pletion of the term of the lease contract; and (2) a period of 60 days has expired following the date on which notice was received by such committees. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1825(a), (i), Jan. 1, 2021, 134 Stat. 4206, 4208.) Editorial Notes CODIFICATION The text of subsec. (h) of section 2401 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1825(i), was based on Pub. L. 110–181, div. A, title X, § 1011, Jan. 28, 2008, 122 Stat. 303; Pub. L. 112–239, div. A, title VIII, § 821, title X, § 1076(f)(26), Jan. 2, 2013, 126 Stat. 1830, 1953. AMENDMENTS 2021—Pub. L. 116–283, § 1825(i), transferred subsec. (h) of section 2401 of this title to this section and struck out subsec. (h) designation at beginning. 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. § 3678. Contracts with terms of 18 months or more: limitation The Secretary of Defense or the Secretary of a military department may not enter into any contract with a term of 18 months or more, or extend or renew any contract for a term of 18 months or more, for any vessel, aircraft, or vehi- cle, through a lease, charter, or similar agree- ment, unless the Secretary has considered all costs of such contract (including estimated ter- mination liability) and has determined in writ- ing that the contract is in the bes

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