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10 U.S.C. § 3676 — Guidelines
Federal law — U.S. Code and appendices · legal_authorities
The Director of the Office of Management and Budget and the Secretary of the Treasury shall jointly issue guidelines for determining under what circumstances the Department of Defense may use lease or charter arrangements for aircraft, naval vessels, and combat vehicles rather than directly procuring such aircraft, vessels, and combat vehicles.
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Source file: Laws/federal/codes/united-states-code/title-10/section-3676-guidelines--a59ce721a7.md
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Source location: Title 10, Chapter 257, § 3676; chapter-257-contracts-for-long-term-lease-or-charter-of-vessels-aircraft-and-combat-vehicles.md
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The Director of the Office of Management and Budget and the Secretary of the Treasury shall jointly issue guidelines for determining under what circumstances the Department of Defense may use lease or charter arrangements for aircraft, naval vessels, and combat vehicles rather than directly procuring such aircraft, vessels, and combat vehicles.
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation.—** Funds may not be appropriated for any fiscal year to or for any armed force or obligated or expended for—
(1) the long-term lease or charter of any aircraft, naval vessel, or combat vehicle; or
(2) 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.
**(b) Matter to Be Submitted to Congress.—**
(1) 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.
(2) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3676&num=0&edition=prelim) 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 a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3672
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3676
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